Culbreth v. Banks

Pearce, J., delivered the opinion of the Court. Andrew Banks applied for the benefit of the insolvent law in the Circuit Court for Baltimore County, November 26th, 1889, and was, on the 1st of March, 1897, by order of said Court, finally released and discharged from all legal liability for debts owing by him prior to the filing of his petition. On November 4th, 1896, W. Frank Godwin died under twenty-one years of age, and without issue, seized and possessed of certain real and personal estate which he acquired under the will of his grandfather, Daniel B. Banks, subject to an executory devise over in event of his death under twenty-one and without issue, to such persons as by the then existing laws of Maryland would take the same as heirs-at-law and distributees of Daniel B. Banks. Andrew Banks is the- son of Daniel B. Banks and as such is one of said heirs and distributees.

Upon the death of W. Frank Godwin, Richard S. Culbreth, permanent trustee of the insolvent, Andrew Banks, subsequent to his discharge, filed a petition in said insolvent proceedings claiming that the interest of said Andrew Banks, in said real and personal estate, vested in the said Richard S. Culbreth as permanent trustee, and praying that said Andrew Banks be required to file a supplemental schedule of assets which should include his said interest in said real and personal property. About the same time Margaret W. Dorsey filed a petition in said insolvent proceedings alleging that she held a judgment against the said Andrew Banks recovered by her in the Circuit Court for Howard County, September 5th, 1889, for $17,551.5°, which is still unsatisfied, and that a certified copy of the docket entries in said case was duly issued by .the Clerk of the Circuit Court for Howard County, and was by him sent to the Clerk of the Superior Court for Balti ⁴⁴⁶ more City, and was duly filed and recorded upon the judgment records of said Superior Court for Baltimore City on the said 5th day of September, 1889. The petition further alleged that the real estate above mentioned is located in Baltimore City, and that the interest of said Andrew Banks therein passed to Richard S. Culbreth, permanent trustee, charged in the lien in her favor, in respect to her said judgment, which lien the said insolvent Court has full power to recognize and establish, and she prayed that her said lien be recognized and established, and its validity and priority be allowed. These two petitions were by order of Court consolidated, and Andrew Banks demurred to each petition.

By agreement of parties a pro