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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 46   View pdf image (33K)
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46 HIGH COURT OF CHANCERY.
1846, conveyed to the complainants, Winn and Ross, all his
property, of every description, except a piece of property in the
city of Baltimore, called the Wheatfield Inn, which he cove-
nanted also to convey, so soon as certain impediments then
existing should be removed, in trust for the benefit of his
creditors, as therein mentioned; and then, after many other
statements, it avers that the decree of Baltimore County Court,
which it seeks to annul, was fraudulently obtained, and designed
and contrived to give to the parties obtaining it an undue and
improper preference over the rest of the creditors of Jones.
This bill then prays that the Wheatfield Inn, as well as the
rest of the property of the said Jones, conveyed in trust as
aforesaid, may be declared charged in the hands of the trustees,
with the payment of the debts of Jones, as expressed in the
deed, and that the trustees may be permitted to account for the
trust property under the direction of this court, which the bill
asks shall assume jurisdiction over the whole subject, with a
view to the distribution of the estate amongst the creditors,
upon just and equitable principles.
When this bill was filed, Jones had applied for the benefit of
the insolvent laws, and a provisional trustee had been appointed.
The answers of Albert and wife and Jones having been filed, a
motion was made to dissolve the injunction, which motion, ac-
cording to the rules of the court, was to have been heard at
the present term. In this stage of the case, a petition was filed
by the complainants, for leave to file a supplemental bill without
prejudice to the injunction already granted.
It appears by the petition, that since the filing of the original
bill, to wit: on the 2d of February, 1847, the complainants,
Winn and Ross, have been appointed, and have qualified, as
permanent trustees of the defendant Jones, and they ask to be
permitted, by supplemental bill, to set out their title as such
trustees, insisting that the decree recovered by Albert and
wife against the said Jones in Baltimore County Court, as a
court of equity, is within the intent and meaning of the insolv-
ent laws, and therefore fraudulent as against the title of the
complainants as such permanent trustees; and that conse-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 46   View pdf image (33K)
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