McCall v. Hinkley & Woodward
Court of Appeals of Maryland
Appeal from Baltimore county court. On the 22nd March 1841, the appellants sued out an attachment upon a judgment of that court, rendered in their favor, against Carey, Wethered, and O’Donnell. The attachment was laid in the hands of the garnishees, who appeared and pleaded nulla bona, on which plea issue was joined. Exception.
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Appeal from Baltimore county court. On the 22nd March 1841, the appellants sued out an attachment upon a judgment of that court, rendered in their favor, against Carey, Wethered, and O’Donnell. The attachment was laid in the hands of the garnishees, who appeared and pleaded nulla bona, on which plea issue was joined. Exception. At the trial of the cause the plaintiffs to support the issue on their part, offered in evidence the judgment rendered in this court on the 30th September 1840, as contained in the writ, and proved that the attachment in this case was issued on the 21st March Í.841,…
1Opinion of the Court
Dorsey, J.,
delivered his opinion, as follows :
The only question designed to he decided by this opinion, is that which arises on the deed of the 24th of September 1840, from Carey, Weihered and O' Donnell, to Edward HinJcley and William Woodward, whereby the grantors, being unable to pay their debts, and in failing circumstances, (in other words insolvent debtors,) conveyed all their property to the grantees, in trust, to sell and dispose of the same, and to apply the proceeds thereof, after deducting the expenses incident to the trust, to the full satisfaction and payment of the claims of…
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