|
SALMON v. CLAGETT.— 3 BLAND. 129
dollais current money; a,nd the said Elizabeth Clagett, Edmund
Clagett, &c, to indemnity and save harmless to the said Charles
of insolvency would be 3 That under the circumstances the allegation in
the bill that no other property of the debtor could be found than that men
tioned in the bill of sale, was equivalent to an express allegation of insol-
vency Conolly v Riley, 25 Md 403
Equitable interests of a debtor in personal property cannot at law be seized
under a fieri facias Hams v Alaock 10 G & J 227 But a creditor may
obtain a decree in equity for a sale of the property absolutely to pay off in
cumbrances and satisfy his own claim Rose v Bevun 10 Md 467 Proi ided
the property be more than sufficient to pay the incumbrances S3 Md 289.
Equity will permit the creditor to redeem the prioi incumbrance, or grant a
decree for a sale Myers v Amey, 21 Md 303 Facts which show the danger
of irreparable loss in the meantime from the apptehended fraudulent con-
duct of the debtor and his mortgagee will entitle the creditor to an injunc-
tion preliminary to such sale or redemption Ibid
A parol contract for a mortgage of personal property based upon a valu
able consideration may be enforced in equity, if the contiact is not such as
the Statute of Frauds requires to be1 in writing Triebert v. Burgess 11 Md
452 In such a case a creditor, to secure whose claim the contiact was
made has an equitable hen upon the property agreed to be mortgaged and
when there is no reasonable ground for believing that he could secure pay-
ment of his claim except by enforcing this lien he is entitled to an injunc
tion to restrain the debtor from disposing of the property Ibid But a
promise to execute a mortgage to secure a debt without designating the
property to be mortgaged and not even stating whether it was to be real or
personal is too vague and indefinite to be enforced Sanderson v. Stockdale,
11 Md 563 Cf Alexander v Ghiselm T Gill 138
A bill by a creditor against his debtor alleging that complainant fears and
believes it is the purpose of defendant to perpetrate a fraud upon him by
placing his effects bevond his reach before complainant can obtain a judg-
ment upon his claims does not authorize the granting of an injunction or
the appointment of a receiver Hubbard v Hubbard, 14 Md 356 Uhl v
Dillon 10 Md 500 Rich v Levy, 16 Md 74 See Rev Code, Art 67 IV
secs 34 et seq as to attachments on original process
In a bill bv a creditor the charge that the debtor fraudulently executed a
bond without consideration upon which he \vas about to confess judgment,
for the purpose of defeating his cteditors is sufficient to warrant the giant
ing of an injunction to restrain proceedings on such bond Mahaney v
Frazier 16 Md 69 In such a bill the claim of the complainant must be dis-
tinctly stated, and exhibits showing the existence of the same must accom-
pany the bill Ibid
As to restraining sale of property to enforce a vendor s hen see Dance v,
Dance 56 Md 437, and ante sec IV of this note As to restraining sale
when the pioperty of A is seized undei an execution issued against B see
ante, sec V of this note
IX INJUNCTIONS IN CONNEXION WITH RECEIVERS See Williamson v Wil-
son 1 Bland 418 note and in addition to the cases there cited, see War
held v. Owens 4 Gill, 364, Everett v Avery, 19 Md 136, Frostburg 4ss n v
Stark, 47 Md 333 Gephart v. Starrett, Ibid 396
X
INJUNCTIONS IN THE AFFAIRS OF MUNICIPAL AND OTHER PUBLIC COR
PORATIONS
Equity has ]uiisdiction to restrain the authorities of a city from
9 3B.
|