Riverside Brick Co. v. Wheatley

Citations

• 48 A. 715
• 92 Md. 410
• 1901 Md. LEXIS 131

Syllabus

<p>Equity Pleading — Prayerfor General Relief — Fraudulent Conveyances.</p> <p>A bill was filed to vacate and annul two mortgages executed by one of the defendants on the ground that they were fraudulent, as against the plaintiff and to subject the land to his claim. It was held that one of the mortgages, although fraudulent, as alleged, was a valid lien because it had been assigned to a bona fide purchaser, and that the other mortgage was not proved to be fraudulent. Plaintiff then asked for a personal monetary decree against the defendants. Held, that such a decree cannot be made under the prayer for general relief because not consistent with the purpose of the bill and not warranted by its allegations, and that the bill must be dismissed.</p>