McDowell v. Goldsmith
High Court of Chancery of Maryland
[The original bill in this case was filed in the equity side of Baltimore County Court, on the 25th of August, 1845. It alleges that a certain Elizabeth Osborne, late of the city of New York, deceased, was in her lifetime, seized and possessed, in her own right, of a large amount of real and personal property, situated in the city of Baltimore, and whilst so seized and possessed of said property, she became, bona fide, indebted to the complainants therein named, and remained…
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[The original bill in this case was filed in the equity side of Baltimore County Court, on the 25th of August, 1845. It alleges that a certain Elizabeth Osborne, late of the city of New York, deceased, was in her lifetime, seized and possessed, in her own right, of a large amount of real and personal property, situated in the city of Baltimore, and whilst so seized and possessed of said property, she became, bona fide, indebted to the complainants therein named, and remained so indebted at the time of her decease. That said Elizabeth, in her lifetime, executed three deeds or instruments of…
1Opinion of the Court
The Chancellor :
This is a creditor’s bill, filed by the-complainants, who also, allege themselves to be creditors of Elizabeth Osborne, to set aside certain deeds, executed by her to the defendant, upon the ground, that they were made to delay, hinder and defraud them, and are, therefore, void at common law, or under the statute of Elizabeth.
The deed of the 14th of July, 1841, the first in point of date, is not now called in question, and need not be noticed. The second deed, which is a mortgage of real and personal property, is dated on the 5th of November, 1842, and was executed *384to secure…
2Cases cited5 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Prevost v. GratzSupreme Court of the United States · 1821
- Dugan v. GittingsCourt of Appeals of Maryland · 1845
- Beach v. CatlinSupreme Court of Connecticut · 1810
- Merrill v. MeachumSupreme Court of Connecticut · 1812
3Cited by8 opinions
- Pennwalt Corp. v. NasiosCourt of Appeals of Maryland · 1988
- Crowe v. HouseworthCourt of Appeals of Maryland · 1974
- Lumsden v. Design Tech Builders, Inc.Court of Appeals of Maryland · 2000
- Lakin v. Sierra Buttes Gold Min. Co.United States Circuit Court · 1885
- Grand-Pierre v. Montgomery CountyCourt of Special Appeals of Maryland · 1993
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