In re the Insolvent Estate of Leiman
Court of Appeals of Maryland
Appeals from the Court of Common Pleas. On the 30th of September, 1852, Conrad Leiman conveyed certain leasehold premises to Harman Schaferman. On the 22d of May, 1854, Leiman applied for the benefit of the insolvent laws, and on the 2d of September following, obtained his final discharge; William Seip was appointed his trustee.
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Appeals from the Court of Common Pleas. On the 30th of September, 1852, Conrad Leiman conveyed certain leasehold premises to Harman Schaferman. On the 22d of May, 1854, Leiman applied for the benefit of the insolvent laws, and on the 2d of September following, obtained his final discharge; William Seip was appointed his trustee. On the 6th of January, 1857, Schaferman ré-conveyed the premises to Leiman; this deed was recorded on the 9th of June, 1860. On the 4th of December, 1857, William O’Brien, a creditor of Leiman, filed a bill in the Circuit Court of Baltimore city, to set aside the deed…
1Opinion of the CourtRobinson, J.
The main question in these appeals is, whether the Statute of Limitations continues to run against the creditors of an insolvent debtor, after his application, and before an audit and order of the Court distributing the insolvent estate. Important as this question is, it comes now before this Court for the first time for decision. In the absence, however, of direct authority to guide us, we think there can be but little difficulty in its determination upon principle.
It is unnecessary to cite authorities in support of the long-established doctrine that, as between the cestui que trust and the…
2Cases cited8 opinions
- Dugan v. GittingsCourt of Appeals of Maryland · 1845
- Winchester v. Baltimore & Susquehanna R. R.Court of Appeals of Maryland · 1853
- Price v. McDonaldCourt of Appeals of Maryland · 1851
- Hertle v. SchwartzeCourt of Appeals of Maryland · 1852
- Strike v. M'Donald & SonCourt of Appeals of Maryland · 1828
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Weaver v. LeimanCourt of Appeals of Maryland · 1880
- Webb v. Baltimore Commercial BankCourt of Appeals of Maryland · 1943
- Villarreal v. GlackenCourt of Special Appeals of Maryland · 1985
- Ludington v. . ThompsonNew York Court of Appeals · 1897
16 more not listed; retrieve them via the Exa API.