Malcolm v. Hall
Court of Appeals of Maryland
Appeal from the Court of Chancery. This was a bill filed by the appellant, the trustee in insolvency of Henry Keene, to avoid an assignment made by the insolvent to the appellee,, before his insolvency, as a fraud upon the insolvent laws. The bill states, that on the 30th of April, 1847, Keene, assigned by deed of that date, all his property to the defendant in trust, to be distributed among his creditors.
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Appeal from the Court of Chancery. This was a bill filed by the appellant, the trustee in insolvency of Henry Keene, to avoid an assignment made by the insolvent to the appellee,, before his insolvency, as a fraud upon the insolvent laws. The bill states, that on the 30th of April, 1847, Keene, assigned by deed of that date, all his property to the defendant in trust, to be distributed among his creditors. That at the time of mating this assignment, Keene was insolvent and known to be so by the grantee, and that said conveyance was made in contemplation of insolvency. That on the 7th ©f May…
1Opinion of the CourtFrick, J.
The case here presented by the complainant, does not entitle him to the relief he claims in a court of equity.
Apart from the insolvent laws of the State, it is not contended that the conveyance from Keene to Hall, could be successfully impeached. It purports to convey all his property of every description, and without any reservation, to the grantee in trust, for the benefit of all his creditors. And without any circumstances of fraud or mala Jides attached to the transactions, the law rather favors than discourages such a proceeding on the part of an unfortunate debtor. If he surrenders all…
2Cited by5 opinions
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