Anderson v. Tydings
High Court of Chancery of Maryland
[The hill in this case was filed by the creditors of Roger Tydings, to vacate a deed executed by Thomas R. Reard, and wife, to Mary Ann Tydings, wife of the said Roger, as fraudulent as against them.
Read the full summary
[The hill in this case was filed by the creditors of Roger Tydings, to vacate a deed executed by Thomas R. Reard, and wife, to Mary Ann Tydings, wife of the said Roger, as fraudulent as against them. The deed is dated the 8th of January, 1848, and purports to he for the moneyed consideration of $144. The bill alleges the indebtedness of said Roger to the complainants, and avers that at the time of their trusting him, he was owner of a certain parcel of land, which he had purchased of said Thomas R. Beard, and on which he had erected a valuable dwelling-house, store-house, and other buildings,…
1Opinion of the Court
The Chancellor:
The principle of course is not, and cannot be, disputed, that at common law, and independent of our insolvent laws, a debtor may secure one creditor to the exclusion of others, either by payment or a bona fide transfer of his property, Hickley vs. The Farmers and Merchants’ Bank, 5 G. & J., 377; Cole vs. Albers and Runge, 1 Gill, 412.
The deed in this case is not assailed upon the ground that it was made, or caused to be made, under an expectation of taking the benefit of the insolvent laws, and with intent thereby to give an undue and improper preference to one creditor to *170the…
2Cases cited3 opinions
- Cole v. AlbersCourt of Appeals of Maryland · 1843
- Hickley v. President of the Farmers & Merchants' BankCourt of Appeals of Maryland · 1833
- Clagett v. HallCourt of Appeals of Maryland · 1837
3Cited by2 opinions
- Drury v. State Capital Bank of Eastern Shore Trust Co.Court of Appeals of Maryland · 1932
- Marcus v. HudginsCourt of Appeals of Maryland · 1935