Lovejoy v. Irelan

From 'a joint decree against several, one defendant (done cannot appeal, ■without summons and severance, and his appeal so taken will, on motion, be dismissed. To a bill to vacate a deed as fraudulent as against the creditors of the grantee, the grantor is a necessary party, as well on account of the fraud charged, as because of the title remaining in him for the benefit of creditors. General rules framed to protect the rights of suitors, and to promote regularity of judicial proceedings, should not be dispensed with to meet the exigencies of special cases. Mole by the Reporter. — In ihe case of Easter, et al.,vs. Travers, et al., above referred to, no opinion was filed by the court, the appeal having been dismissed by order of the appellants, after the motion to dismiss had been decided in their favor, and it has not, therefore, been reported. In the argument upon the motion in that case, the same authorities were cited in support of the motion as by the appellee in this case.

Appeal from tbe Circuit Court for Baltimore city. In this case, a bill was filed on the 22nd of February 1856, by the appellee against the appellant and one Harlow W. Heath, to vacate and set aside a bill of sale from the said Heath to Lovejoy, as fraudulent as against the creditors of the grantor. Upon bill, answers and proof, the court below (Krebs, J.) passed a decree vacating the bill of sale, and against both defendants for costs. From this decree Lovejoy alone appealed, and the appellee moved to dismiss the appeal.