Ferrall v. Farnen
Court of Appeals of Maryland
Appeal from the Baltimore City Court. At the instance of John O. Ferrall, trading as John O. Ferrall & Co., claiming to be a creditor of Ferdinand H Sieward, trading as F. H. Sieward & Co., an attachment was issued and laid in the hands of said Sieward and on certain leasehold property, and in the hands of Charles T. Farnen, trustee under a deed from said Sieward conveying all the property and estate of the grantor for the benefit of his creditors, and in the hands of…
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Appeal from the Baltimore City Court. At the instance of John O. Ferrall, trading as John O. Ferrall & Co., claiming to be a creditor of Ferdinand H Sieward, trading as F. H. Sieward & Co., an attachment was issued and laid in the hands of said Sieward and on certain leasehold property, and in the hands of Charles T. Farnen, trustee under a deed from said Sieward conveying all the property and estate of the grantor for the benefit of his creditors, and in the hands of others. A motion was made by Farnen to quash the attachment. Subsequently the motion to quash was dismissed and the case was…
1Opinion of the CourtStone, J.
This was an attachment case, and the issue, upon which the case was tried before a jury, was whether the deed under which the garnishee and claimant, Earnen claimed title, was in fact fraudulent and void. The deed itself was a general assignment of all the property of the grantor, a certain Ferdinand H. Sieward to Earnen as trustee for the benefit of all the creditors of the grantor.
The deed is good upon its face, and the issue tried 'was fraud in fact vel non.
*80This case has been twice argued before this Court, and carefully considered. Upon the re-argument the Court has changed its opinion…
2Cases cited3 opinions
- Lambden v. BowieCourt of Appeals of Maryland · 1852
- Horwitz v. EllingerCourt of Appeals of Maryland · 1869
- Foley v. BitterCourt of Appeals of Maryland · 1871
3Cited by12 opinions
- Du Puy v. Transportation & Terminal Co.Court of Appeals of Maryland · 1896
- Union Tr. Co. of N.J. v. KnabeCourt of Appeals of Maryland · 1914
- Urner v. SollenbergerCourt of Appeals of Maryland · 1899
- Blilings v. ParsonsUtah Supreme Court · 1898
- Miller v. Matthews & KirklandCourt of Appeals of Maryland · 1898
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