Glenn v. Grover
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this case was filed on the 16th of May 1841, by the appellant, as permanent trustee of Charles Grover, art insolvent debtor, and as adin’r d. b. ft., of Eaton R. Partridge, to set aside, as fraudulent against creditors, two deeds executed by Grover to the appellee, McColm, the one dated the 20th of April 1839, conveying a certain farm in Baltimore .county, the other dated July 18lh, 3^839, conveying all the stock, farming…
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Appeal from the Court of Chancery. The bill in this case was filed on the 16th of May 1841, by the appellant, as permanent trustee of Charles Grover, art insolvent debtor, and as adin’r d. b. ft., of Eaton R. Partridge, to set aside, as fraudulent against creditors, two deeds executed by Grover to the appellee, McColm, the one dated the 20th of April 1839, conveying a certain farm in Baltimore .county, the other dated July 18lh, 3^839, conveying all the stock, farming utensils, &c., on said farm. The bill alleges, that Grover had the equitable title to the farm in controversy, then worth from…
1Opinion of the CourtTuck, J.
After having carefully examined the record in this case, we can perceive no reason for dissenting from the opinion of the chancellor.
It is well settled, that a debtor in failing circumstances may prefer one creditor to another, by a transfer of his property made in good faith; and it is equally clear, that if such a transaction be assailed on the ground of fraud, the onus of proof is upon the party impeaching the assignment. The question presented by this record, therefore, is, whether the deeds from Grover to McColm were made bona fide, and upon sufficient consideration. Upon the latter of…
2Cases cited7 opinions
- Union Bank v. RidgelyCourt of Appeals of Maryland · 1827
- Worthington v. ShipleyCourt of Appeals of Maryland · 1847
- Faringer v. RamsayCourt of Appeals of Maryland · 1852
- Beatty v. DavisCourt of Appeals of Maryland · 1850
- Roberts v. SalisburyCourt of Appeals of Maryland · 1831
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3Cited by14 opinions
- Reece, Adm'r v. ReeceCourt of Appeals of Maryland · 1965
- Drury v. State Capital Bank of Eastern Shore Trust Co.Court of Appeals of Maryland · 1932
- Barry v. HoffmanCourt of Appeals of Maryland · 1854
- Mayfield v. KilgourCourt of Appeals of Maryland · 1869
- Stocket v. HollidayCourt of Appeals of Maryland · 1856
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