Biddinger v. Wiland
| Decision Date | 22 June 1887 |
| Citation | 10 A. 202,67 Md. 359 |
| Parties | BIDDINGER AND OTHERS v. WILAND. |
| Court | Maryland Court of Appeals |
Appeal from circuit court, Garrett county. In equity.
J W. Veitch and W. P. Townshend, for appellants.
T J. Peddicord, for appellee.
This appeal is from a decree of the circuit court for Garrett county, setting aside a certain deed made by the appellants Biddinger and his daughter to appellant Bowser, as in fraud of creditors. The bill charges that Simeon Biddinger, being indebted to the complainant, and intending to defraud him and his other creditors, having purchased a tract of land, and having fully paid for the same, caused Jacob Hare and wife his vendors, to convey the same to Florissa, an infant daughter of Simeon Biddinger, the purchaser; which conveyance was made on the twenty-sixth of May, 1876. This deed to the infant, Florissa Biddinger, who had no means, and paid no part of the purchase money, the bill charges must be treated as in trust for the creditors of Simeon Biddinger, (the father,) who paid the purchase money, and is alleged to be insolvent apart from that land. Subsequently, and in further execution of his fraudulent purpose to defraud the complainant and others, it is alleged that Simeon Biddinger caused his daughter to unite with him in a deed for the property to one James Bowser, for a simulated consideration; that the same was made pending a suit against Simeon Biddinger for the complainant's claim against him, but before judgment had been obtained thereon, as was afterwards done; and that James Bowser took with a full knowledge of all the circumstances surrounding the transaction, and in aid of Biddinger's design to defraud complainant. The answer of the adult defendants, Biddinger and Bowser, which is joint, denies the fraud and insolvency of Biddinger, and his indebtedness to the complainant; but it admits the infancy of Florissa Biddinger, and the payment of all the purchase money by her father, Simeon Biddinger, and that Florissa had no means of her own. It avers the consideration named in Bowser's deed to have been paid bona fide. The infant's answer, by guardian, does not admit allegations, and submits her rights to the court's protection.
The proof shows conclusively the purchase by Simeon Biddinger for $750, which he paid; and, that he caused the land to be conveyed to his daughter, Florissa, then only seven or eight years old. It shows that he had the double purpose of cheating the complainant out of his claim against him, and of depriving his wife, from whom he was living apart, of dower in the land. Notwithstanding this purpose, it is contended that defendant Bowser took as a purchaser without notice of the fraud, and is not affected by it. This contention the proof does not sustain. Bowser was the half-brother of Biddinger. Florissa, his niece, lived with him. He knew the deed was made to her, and that she was a mere child and wholly without means, and that when she joined in the deed to him she was not more than 10 years old. He knew the character of the complainant's claim against Biddinger, his brother. He knew it was in suit, although judgment was not recovered till after conveyance to him. In addition to all this, Josiah Biddinger testifies that, on application to rent the place, he said he could not do it, and, on being pressed and asked if the conveyance to him "was not a sham," said "it was a little that way." Bowser denies this conversation; but the witness is very circumstantial in his recollection, is impeached in no way, and appears to have no interest in prevaricating, and we see no reason for discrediting the statement.
To our apprehension, the proof establishes a bold case of fraud on the part of both Biddinger and Bowser. So far as the child Florissa is concerned, she was too young to be supposed to have any knowledge of the object or purpose in the matter and the court very properly treated her as an involuntary trustee for her father and his creditors, and appointed another...
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