Culbreth v. Banks
Culbreth v. Banks
Opinion of the Court
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
As a matter of convenience, the questions involved in these appeals were argued with the questions involved in the three appeals embraced in one record, from the Circuit Court for Baltimore City, being the cases of Godwin v. Banks; Culbreth, Trustee, v. Godwin, and Godwin v. Banks, argued and decided at this term.
In reference to the appeal of Margaret W. Dorsey, it is only necessary to say in view of our decision, that the interest of Andrew Banks under the will of his father did not pass to his trustee in insolvency, that the rights of Mrs. Dorsey under her judgment cannot be adjudicated in the insolvent Court, which acts under the statute and cannot be held as exercising a general jurisdiction. Purviance v. Glenn, 8 Md. 202; Paul v. Locust Point Co., 70 Md. 294. Had such interest, however, vested in the trustee of Andrew Banks, the insolvent Court would, of course, have been the proper tribunal to determine the validity of Mrs. Dorsey’s judgment lien. Buschman v. Hanna, 72 Md. 1.
The order appealed from will therefore be affirmed, with costs to the appellees, but without prejudice to any right of Margaret W. Dorsey to enforce the lien she claims by virtue of her judgment in the Court having jurisdiction thereof.
Order affirmed with costs.
See ante p. 425, In re Banks' Will.
Reference
- Full Case Name
- RICHARD S. CULBRETH, Permanent Trustee v. ANDREW BANKS. MARGARET W. DORSEY v. ANDREW BANKS
- Status
- Published
- Syllabus
- Insolvency—Jurisdiction oj the Insolvent Court. The Insolvent Court has no jurisdiction under the statute to determine controversies relating to the ownership of property.