
    Amoss vs. Robinson et al.
    
    A R$ being indebted, as deputy sbcrift ami deputy collector, to R, A, suits were brought on his bonds as such, and judgments obtained thereon A few da vs before the judginews were ob. taiued, A It, conveyed the whole of his real and personal estate to A J and R it, tVho were sureties for Mm in the bonds foefjre mentioned. R A filed a bill agviimt Aft, A J and It B, charping that tlie conveyance was fraudulent*y executed, with intent to deceive and injure him, and though apparently for the consideration of ¿200, was in tiutb execut’d without consideration of money,but intended to pirn-, ramee and indenr jiify A J and ft B as sureties in the hands; that A R retains possession of the property, and has sold a part thereof for hi» own benefit. Prayer for a ¿«closure of the trusts» and vacation of the deed, and fop general relief A .f, m his stated that A II was indebted tohmi for money J>}»« a* his surety to other persons, and also indebted to him on open account, and for money lent. -HcM that the real and personal property, and increase, if any, veuiatmuff in the hands of AR, A J and RR,or any Qf them, lie sold for the purpose of paying, in the fust place, the sum of money duo tp Ii A»
    Appeal from a decree of the Court of Cháncéry. The bill in this case was filed by the present appellant against Archibald Robinson, Abraham Jarrelt, aud the administrators of Ralph Bondi It stated that the' complainant had been sheriff and Collector of Harford coiirity, and that he appointed Robinson one of his deputies,- who gave two bonds, one as deputy sheriff and the other as deputy collector, cririditioned for the faithful performance of hi» duties; that in the bond as deputy sheriff Jarrelt was his surety, and in that as deputy collector Ralph Bond was his surety. That Robinson having greatiy defaulted in his duty, and being largely in arrear to the complainant, suits were brought on both the bends, and, judgments obtained against him on each bond at March term 1790, for a large sum of money. That Robinson, being seized and possessed of considerable real and personal estate, and for the purpose of fraudulently deceiving and injuring the complainant, a few days before the obtentiou of the judgments against him, conveyed his real estate to Jarrelt and 
      ¡Band, in fee simple, áppareutly and for the pretended consideration of JáCO, when in truth the conveyance was tesecuted without consideration of money, and intended to guarantee and indemnify Jarrett and Bond as sureties in the said bonds, who hav'e never been damnified, or paid the complainant any thing on account of Robinson, but hold and enjoy the real estate, and also the personal property of Robinson, also conveyed to them since the judgments* as a further indemnity. That they have permitted Robinson to sell part of the personal estate for his own use and benefit, &c.” Prayer for a disclosure of the trusts, and vacation of the deeds, &c.. and for general relief.
    The answers of the defendants admit that the deeds Were executed for the purpose of indemnifying and securing Jarrett and Bond, as securities for Robinson. That Jarrett had become Robinson’s surety to other persons, and be had a claim against him also on an open account, and for money lent, and the conveyances were not only to secure him as surety to the complainant, but also to secure the payment of the money due, or for which he was so answerable, to other persons. That the defendants were ready and willing that the property should be sold, and the proceeds applied to the discharge of the claims due Jarrett and Bond, and the residue to discharge Robinson’s debts. The answers also stated, that Robinson was prevailed upon to confess judgments lipón the terms of all payments and discounts made appear, to be allowed, and which the complainant now refused to allow, and that they can prove, that but a small sum of money, if any, is due on the judgments, upon a fair and just settlement.
    
      Testimony was taken under a commission as to the amount duo to the complainant, and the account was audited by the auditor, stating the sum of £395 6 8, current money, exclusive of interest, to he due to the complainant, and ill48 18 10 current money, exclusive of interest, due to Jarrett from Robinson.
    
    IIanson, Chancellor, (December term 1804.) When a man becomes security for another* and is answerable for his debt, the chancellor cannot conceive there is any fraud in the principal’s conveying properly to secure him, and likewise to secure the payment of ally advances that may be afterwards made by the security. In short, the chan« cellor docs not perceive that the creditor, haring taken & surety for his debt* has a right to vacate any conveyance made to the surety by the pWncipnl for the purpose of ¡counter security. The situation of the surety would be hard if the rule were otherwise. The circumstance of the sureties afterwards becoming insolvent, supposing that to be fairly a part of the cáse, which it is not, the chancellor conceives lias no effect on the case. But inasmuch as the surety, to whom the conveyance is made, is answerable to the principal, and is to be considered .as trustee to the principal for any surplus remaining after the surety is secured, and the law gives a recourse to the equitable interest of a man against whom a judgment lias been obtained, the chancellor is of opinion* and it is adjudged, ordered and decreed, that the land conveyed to the defendant, Abraham Jarrett, as stated in the bill, be sold for the purpose of paying, in the first place, the debt due from Robinson to Jarrett, and then to discharge the debt due to the complainant; the said debts being established, or to be established, by this court. That John Moores, esquire, be and lie is hereby appointed trustee for making sale, &c. From this decree the complainant appealed to this court.
    The cause was argued before Polk, Buchanan, and Nicholson, J. by
    Ridgely, Key and T. Buchanan, for the Appellant;
    and by
    
      Johnson, (Attorney General) for the Appellees.
   The Court

reversed the decree of the court of chancery, with costs; and decreed that the land and personal property conveyed to Jarrett and Bond, by Robinson, in the bill of complaint, together with the increase, if any, of tlic personal property which remained in the hands of the appellees, or any of them, be sold under the direction of the court of chancery, for the purpose of paying, in the first place, the debt due from Robinson to the appellant, amounting to the sum of £512 12 11, current money, adjudged and decreed by this court to be due to the appellant, with interest from the 7th of July 1808, until paid, and also the complainant’s costs in the court of chancery. Also decreed, that the chancellor appoint a trustee for the purpose of making sale of the said real and personal property, and that the course and manner of his proceedings shall be pursuant to the directions of the chancellor in that respect; and also that the chancellor pass sucli order and decree in the premises as may be necessary for carrying this decree into full effect.

DECREE KBVEKSED,,  