Brooks v. Delaplaine
High Court of Chancery of Maryland
[On the 28th of March, 1844, John Delaplaine, of Carroll county, executed to Wm. P. Maulsby, a deed of trust of all his property for the benefit, firstly of certain of his creditors therein mentioned, and after the payment of their claims, for the benefit of all other persons having any demands against him.
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[On the 28th of March, 1844, John Delaplaine, of Carroll county, executed to Wm. P. Maulsby, a deed of trust of all his property for the benefit, firstly of certain of his creditors therein mentioned, and after the payment of their claims, for the benefit of all other persons having any demands against him. In the month of August following, said Delaplaine applied for the benefit of the insolvent laws of Maryland, and the said William P. Maulsby was appointed his permanent trustee; and in the month of October, 1846, a bill was filed on the equity side of Frederick County Court by Basil…
1Opinion of the Court
The Chancellor:
Of the jurisdiction of Frederick County Court as a court of equity over the subject of this trust, it is supposed no serious doubt can be entertained; but even if this was questionable, the appearance of the defendants to the bill filed there, and their submitting to answer it, would be a waiver of any objection upon that ground. Carroll vs. Lee, 3 G. & J., 504.
The bill filed in the Frederick court was a creditors’ bill, and submitted to the court their rights, as they might exist under the deed, or be affected by the proceedings in insolvency of the grantor; and the' order of…
2Cases cited3 opinions
- Mayor of Baltimore v. Hughes's Adm'r D. B. N.Court of Appeals of Maryland · 1829
- Carroll v. LeeCourt of Appeals of Maryland · 1832
- Lansing v. CapronNew York Court of Chancery · 1815
3Cited by4 opinions
- Public Service Commission v. ByronCourt of Appeals of Maryland · 1927
- Preston v. PoeCourt of Appeals of Maryland · 1911
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1899
- Woodcock v. WoodcockCourt of Appeals of Maryland · 1935