Glenn v. Baker
High Court of Chancery of Maryland
[In the year 1833, Benjamin Childs, one of the original defendants, (since deceased,) who had resided^in Pennsylvania, for several years, removed into this state, and engaged in mercantile business in Baltimore.
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[In the year 1833, Benjamin Childs, one of the original defendants, (since deceased,) who had resided^in Pennsylvania, for several years, removed into this state, and engaged in mercantile business in Baltimore. On the fourth of December, of the same year, and but a few months afterwards, finding himself in embarrassed circumstances, he executed to the defendant, Baker, a deed of all his estate of every description, intrust, in the first place to pay the necessary expenses of executing the trust and five per cent, commission on all moneys received by the trustee, in virtue thereof; secondly,…
1Opinion of the Court
The Chancellor :
Now, whether the answer of Childs is or is not evidence against the plaintiff, there can be no doubt that the burden of proof is upon him, and that he can get no decree invalidating this deed, unless he can make out by satisfactory evidence, that Childs, on the 4th December 1833, the date of its execution intended to take the benefit of the insolvent laws; that such was his view and expectation, at. that time.
Now, the first difficulty in the way of the plaintiff, and it seems to me a formidable one, is, that Childs when he executed the deed by which the alleged preference was…
2Cases cited5 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Field v. HollandSupreme Court of the United States · 1810
- Hickley v. President of the Farmers & Merchants' BankCourt of Appeals of Maryland · 1833
- Crawfords v. TaylorCourt of Appeals of Maryland · 1834
- Gardiner v. HardeyCourt of Appeals of Maryland · 1842