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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 113   View pdf image (33K)
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SWAN VS. DENT AND RICHARDS. 113
his affairs and general pecuniary embarrassments, or of his de-
sign in the execution of the deeds. They allege, however,
that these instruments were executed for the full considerations
mentioned in them, and as to themselves deny all fraud in their
obtention. They admit that but $7000, of the $14,000, men-
tioned as the consideration of the two deeds, was paid. They
insist that the complainants, if they have claims against the
said Dent as their guardian, should proceed upon his bond at
law, and not in equity against the defendants in respect of
property, for which they allege they have paid, and to which
they have a fair title.
The answer of Dent admits, that he was appointed guardian
to the complainants, and gave bond with sureties for the faith-
ful performance of his duties as sucli—the prochein ami of the
complainants being such surety. He also admits his indebted-
ness to the complainants as alleged, and that he is indebted to
other persons and has been sued; but that the conveyances
to his daughter were made for a full and valuable consideration
received from her, the said consideration, however, being but
$7000 and not $14,000, as expressed in the two deeds.
His answer also takes the ground that the remedy of the
complainants is upon his bond given as their guardian, and
nut by a proceeding in equity to vacate the conveyances. He
admits himself to be a petitioner for the benefit of the insolvent
laws, notwithstanding which, however, he says it is now and
always has been his intention to pay the complainants, and
concludes with a denial of the fraud imputed to him in the ex-
ecution of the conveyances.
The deed and bill of sale; which are exhibited with the bill,
are dated on the 15th of July, in the year 1844, and each pur-
port to have been executed for the consideration of $7000 paid
by Priscilla M. Richards to the grantor, Dent, and convey to her
a number of tracts or parcels of land, and several negroes and
other personal property. After a variety of other proceedings
in the cause, and its transfer to this court under the Act of
Assembly, and upon the hearing thereof before the late Chan-
cellor, it appearing that the trustee of the defendant, Dent, upon
II*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 113   View pdf image (33K)
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