Benjamin M. Heighe, permanent trustee of Benjamin Mackall, asks the court to declare Benjamin Mackall's bill of sale to James J. Mackall void and to order the property in question delivered to himself. The petitioner argues that Mackall executed said bill of sale "only twenty one days previously to his becoming a petitioner for the benefit of the insolvent laws." Heighe contends that said transfer of property was done "with the express intention of cheating & defrauding his other creditors" while giving "an undue & improper preference" to James J. Mackall. In addition, the petitioner reports that James J. Mackall "was not worth the consideration of fifteen hundred dollars therein mentioned & never paid the said sum," which renders the transaction incomplete.
Result: Partially granted.
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Repository: Maryland State Archives, Annapolis, Maryland
