Crane v. Barkdoll
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County, In Equity. The appeal in this case is taken from a decree of the Court below (Motter, J.,) dismissing a bill filed by the appellants against the appellees, they being husband, wife and daughter, to set aside a deed made by the husband to the daughter, in trust for the wife, as made in prejudice of the rights of the appellants as creditors of the husband. The case is stated in the opinion of the Court.
1Opinion of the CourtMiller, J.
The proviso in the first section of Article 45 of the Code, “that no acquisition of property passing to the wife from the husband after coverture, shall be valid, if the same has been made or granted to her in prejudice of the rights of his subsisting creditors,” does not prevent the husband from treating his wife like any other creditor, if the relation of debtor and creditor is proved to exist between them. A wife may become a creditor of the husband, and this provision of the Code was never intended to prohibit him from paying or devoting his property to the payment of a debt due to her.…
2Cases cited7 opinions
- Bowie v. StonestreetCourt of Appeals of Maryland · 1854
- Drury v. BriscoeCourt of Appeals of Maryland · 1875
- Mayfield v. KilgourCourt of Appeals of Maryland · 1869
- Stocket v. HollidayCourt of Appeals of Maryland · 1856
- Jones v. JonesCourt of Appeals of Maryland · 1862
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3Cited by10 opinions
- Drury v. State Capital Bank of Eastern Shore Trust Co.Court of Appeals of Maryland · 1932
- Merchants Bank v. PageCourt of Appeals of Maryland · 1925
- Rasst v. MorrisCourt of Appeals of Maryland · 1919
- Wareheim v. BaylissCourt of Appeals of Maryland · 1925
- Bayne v. State ex rel. EdelenCourt of Appeals of Maryland · 1884
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