Malcolm v. Hodges
Court of Appeals of Maryland
Appeal from tiro Court of Chancery. The bill in this case was filed on the 15th of July 1850, by the appellant, as permanent trustee in insolvency of Sprigg So Meseke, to vacate a deed executed by the said insolvents to the appellee, on the 2nd of June 1849. Tlie bill assails Hie deed as void both at common law, under the statute of Elizabeth, and under the insolvent, laws.
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Appeal from tiro Court of Chancery. The bill in this case was filed on the 15th of July 1850, by the appellant, as permanent trustee in insolvency of Sprigg So Meseke, to vacate a deed executed by the said insolvents to the appellee, on the 2nd of June 1849. Tlie bill assails Hie deed as void both at common law, under the statute of Elizabeth, and under the insolvent, laws. Sprigg & Meseke applied for the benefit of the insolvent laws on the 5th of July 1849, and the appellant was duly appointed their permanent trustee on the 11th of August following. The deed, which is filed as an exhibit…
1Opinion of the CourtTuck, J.
The appellant, as trustee of Sprigg & Meseke, under the insolvent laws, filed a bill against the appellee to vacate a deed from Sprigg & Meseke to him, as trustee, for the benefit of their creditors, on the terms and conditions mentioned in the deed. The case was heard on bill, answer and replication, before the chancellor, who dismissed the bill, being of opinion, that as the conveyance transferred all the property of the grantors, and contained no reservation to them of any surplus, after paying the preferred or any class of creditors, it was not void.
The validity of the deed must be…
2Cases cited2 opinions
- Sangston v. GaitherCourt of Appeals of Maryland · 1852
- Bryan v. Coursey ex rel. De CourseyCourt of Appeals of Maryland · 1852
3Cited by16 opinions
- Coffin v. DouglassTexas Supreme Court · 1884
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- Wilson v. RussellCourt of Appeals of Maryland · 1859
- Inloes v. American Exchange BankCourt of Appeals of Maryland · 1857
- Whedbee v. StewartCourt of Appeals of Maryland · 1874
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