Legal Opinion

Price v. Pitzer

Court of Appeals of Maryland

Decided May 12, 1876PublishedCited by 6 opinions

Appeal from the Circuit Court for Allegany County. Henry Bloomenour of Cumberland, Maryland, being indebted to sundry persons, by deed dated the 11th of February, 1875, in which his wife united, conveyed to “ William M. Price and Samuel T. Little, as trustees, the following property, that is to say : All my stock, in trade consisting of dry-goods, notions, &c., now contained in my store-room on Baltimore street, in Cumberland, together with all our household and kitchen…

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Appeal from the Circuit Court for Allegany County. Henry Bloomenour of Cumberland, Maryland, being indebted to sundry persons, by deed dated the 11th of February, 1875, in which his wife united, conveyed to “ William M. Price and Samuel T. Little, as trustees, the following property, that is to say : All my stock, in trade consisting of dry-goods, notions, &c., now contained in my store-room on Baltimore street, in Cumberland, together with all our household and kitchen furniture, debts, sums of money, books of account, notes, bonds, mortgages, judgments and all other evidences of debt, and…

1Opinion of the CourtStewart, J.

The deed reliedupon by the appellants by its terms and provisions, is evidently a mere contrivance on the part of the grantor, Bloomenour, to hinder and delay his creditors, and as to them void under the Statute of 13 Eliz., ch. 5.

It does not profess to convey all his real estate to the trustees.

However the fact may be, no terms to that effect are employed.

*528It provides for the retention by the grantor of all his real estate and household goods — -the rents of the real estate, if any, to be handed over to the trustees.

At his option he can rent the property, and pay over any rent collected; or…

2Cases cited6 opinions

  1. Thomas v. TrieberCourt of Appeals of Maryland · 1852
  2. Whedbee v. StewartCourt of Appeals of Maryland · 1874
  3. American Exchange Bank v. InloesCourt of Appeals of Maryland · 1855
  4. Barnitz v. RiceCourt of Appeals of Maryland · 1859
  5. Bridges v. HindesCourt of Appeals of Maryland · 1860

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3Cited by6 opinions

  1. Union Trust Co. of Maryland v. PeckCourt of Appeals for the Fourth Circuit · 1927
  2. Scott v. KeaneCourt of Appeals of Maryland · 1898
  3. Haggett v. CommissionerUnited States Tax Court · 1950
  4. In re HelfenbeinDistrict Court, D. Maryland · 1940
  5. In re BurrowsDistrict Court, D. Indiana · 1877

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