Wheeler's Estate
High Court of Chancery of Maryland
[Thomas T. Wheeler,, on the 19th March, 1844, executed to Richard J. Bowie, a conveyance of all his property, real, personal and mixed, in trust to sell for the benefit of his creditors. On the 1st February, 1847, the trustee, who had partly executed the trust, filed his bill in this court, making John H. Hilleary, and others of the creditors, parties, for a sale of the property, and for the direction óf the court as to the management of the trust.
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[Thomas T. Wheeler,, on the 19th March, 1844, executed to Richard J. Bowie, a conveyance of all his property, real, personal and mixed, in trust to sell for the benefit of his creditors. On the 1st February, 1847, the trustee, who had partly executed the trust, filed his bill in this court, making John H. Hilleary, and others of the creditors, parties, for a sale of the property, and for the direction óf the court as to the management of the trust. John H. Hilleary in his answer, set out his claims against Wheeler, amongst which was that hereafter referred to as No. 2. The cause wras set down…
1Opinion of the Court
The Chancellor :
I do not look upon it, the reservation, as at all affecting the rule, that when a case is set down for hearing on bill and answer, all the averments of the latter, whether responsive or not to the allegations of the bill, are to be taken for true. All the creditors of Wheeler not being parties to the bill, it seemed proper that there should be a reservation of their equities, not only with respect to the proceedings of the trustee, before he invoked the aid of this court, in the execution of his trust, but that the reservation should extend to what might be done subsequently…
2Cited by4 opinions
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- Reel v. CombesOhio Court of Appeals · 1927
- Chalk v. CollierCourt of Appeals of Texas · 1919