Ellinger v. Crowl

Decided October 29, 1861

Court of Appeals of Maryland · decided 1861-10-29

Cross-Appeals from the Circuit Court for Baltimore city. In these cases a bill was filed on the 18th of August 1857, by the appellants in the first case, as well for themselves as all' other creditors of Henry Crowl, against the appellees, to vacate1, as fraudulent as against creditors, a deed' dated the-1st of June 1857, from Henry Crowl’ to Agnes P. Crowl, his wife, and on the 26th of September 1857, a bill was filed by Agnes P. Crowl, by her next friend, Edward Murray,…

Good law ✅— No negative treatment on recordhow we know

Decided 1861-10-29

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Cited by 9 later decisions — most recently January 1964

8 state decisions

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Goldsborotjgh, J.,

¶1delivered the opinion of this court, on .the re-hearing.

¶2We adopt as correct the statement of the pleadings and evidence as made by the Chief Justice, and also his statement of the law as applicable to the case, but dissent from his view of the effect of the testimóny. We are of opinion that the circumstances detailed in the proceedings, establish a valuable as well as a good consideration for the deed from Henry Crowl to his wife, Agnes, and also that at the time of *379Vhe making of the said deed, the grantor had property other than that mentioned in the deed, sufficient to pay all his indebtedness shown by this record. This being so, the deed cannot be successfully assailed by his creditors, and we therefore affirm the decrees of the circuit court.

(Decided Oct. 29th, 1861.)

¶3Deorees affirmed, with costs.

LeGranp, C. J., dissented.