McCann v. Taylor

Le Grand, C. J., delivered the opinion of this court. This is an appeal from an order of the circuit court for Baltimore city, granting an injunction restraining the execution of a judgment obtained by the appellant against Charles R. Taylor, the husband of Georgiana, one of the appellees. Under the decisions of this court, on this appeal, we are confined to the case made by the bill. Wagner vs. Cohen, 6 Gill, 97 .

Guyton vs. Flack, 7 Md. Rep., 398 . Alexander vs. Worthington, 5 Md. Rep., 471. The bill, in substance, states this case: — That Charles R. '1'aylor made a deed of certain property, in trust for his wife and self during life, provided the survivor should remain unmarried, with remainder in trust for their children; that the ⁴³⁰ note on which the judgment was rendered is dated subsequently to the deed, and that at the time of making said deed of trust, Taylor was fully competent to do so, because, if indebted at all, was so only to a very small amount, and retained the ownership of property largely in value beyond any such indebtedness; that although the deed of trust was not left for record until the lapse of nineteen months after its date, yet, it was of record at the time of the execution of the promissory note on which the judgment was rendered, and besides which McCann had notice of its existence. The bill then avers, that the appellant, as is understood by the complainants, desiring to possess himself of the property mentioned in the deed, pretends it was made to defraud and hinder Taylor’s then and subsequent creditors, hoping and designing thereby to cast shadows and doubts upon the title to the property and thus diminish its value at a sale under the execution, which he has caused to be issued on his judgment.

This is, substantially,. the case presented by the bill, and to it must be limited the view of this court. So confining it we see nothing which does not justify the action of the court below. The bill undoubtedly makes a good case. It avers bona.