ART. 47] FRAUDULENT CONVEYANCES. 1315
and the court shall possess the power to allow any amend-
ments necessary to present the rights of the matter. If the
allegations of the petitioner shall not be sustained the respon-
dent shall recover a judgment for costs against the petitioner;
and if the allegations be sustained and are sufficient to warrant
the same, an adjudication shall be made by the court that the
debtor is insolvent, and therefore, and by virtue of the adjudi-
cation his right and power to dispose of any part of his estate
and property shall cease; and when the court shall have
appointed a preliminary trustee, all such estate and property
shall, as soon as the bond of such trustee shall have been
approved, be divested out of the insolvent and be vested in the
trustee; and thereafter the same proceedings shall be had as
hereinbefore prescribed in relation to persons who shall apply
for the benefit of the provisions of this article; and the said
debtor shall thereupon immediately execute the schedule and
lists of debts, verified by his affidavit, as provided by section.
1 of this article, and the debtor shall be entitled to bis dis-
charge from all debts and contracts made before the filing of
the petition in this section mentioned, and in the same manner
and to the same extent and with the same exception, as though
he had made application, as provided in section 1 of this
article.
Crawford v. Berry, 6 G. & J. 63. Jones v. Horsey, 4 Md. 306. Griffith v.
Parks, 32 Md. 4. Trayhem v. Hamill, 53 Md 90 Schiffv. Solomon, 57 Md.
584. Whyte v. Betts' Machine Co., 61 Md. 172. Paul v. Same, ibid. Griffee
v. Mann, 62 Md. 248. Castleberg v. Wheeler, 68 Md. 274. Clark v. Manko,
80 Md 79. Old Town Bank v. McCormick, 96 Md. 349, 357.
1888, art. 47, see 24. 1880, ch 172, sec. 25. 1896, ch 446.
24. If any deed, conveyance, assignment, gift, transfer or
delivery be made of any goods, chattels, money, choses in
action, lands, tenements or other property, or lien created
thereon when the grantor or person creating the same is insol-
vent or in contemplation of insolvency, the same shall be prima
facie intended to hinder, delay and defraud the creditors of the
person by whom the same is made, and the burden of proof
shall rest upon him and the grantee to explain the same and
show the bona fides thereof; provided the creditors of the
grantor in such deeds, conveyances or assignments shall avail
themselves of the provisions of this article.
Castleberg v Wheeler, 68 Md. 266. Brown v. Smart, 69 Md. 332. Pfaff
v Prag, 79 Md. 370. Willison v. Frostburg Bank, 80 Md. 210. Nicholson
v Schmucker, 81 Md 464. Smith v. Pattison, 84 Md 344. Vogler v.
Rosenthal, 85 Md. 47. Applegarth v. Wagner, 86 Md. 474.
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