Puterbaugh's Chancery Pleading and Practice; A Practical Treatise on the Forms of Chancery Suits, Pleadings and Practice, with Forms of Bills, Answers, Pleas, Demurrers, Exceptions, Petitions, ... Etc
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...conveyance then works an injury to the creditor, by hindering and delaying him in the'collec When a Creditor's Bill may be Filed--When Proper. tion of his judgment. (a) But when the creditor asks to have his udgment satisfied out of property belonging to the debtor, not liable to execution, he must show not only that an execution has been taken out, but that it has been returned unsatistied in whole or in part. This should be shown by the oflicer's return to the writ, which, to be a good and sufficient return for that purpose, should be such a return as would subject the ofiicer to an action at the suit of the debtor, for a false return, if a bill should be filed against him when he had property that might have been levied on, and sold to satisfy the execution. (b) As stated in the case from which we have quoted, a creditor must first obtain a valid judgment and seek to collect his debt by execution before he can resort to the equitable estate of his debtor. A bill in aid of execution can not be so drawn as to reach property that is not leviable if filed while the execution is still in force and uureturned. ((1) In order to maintain a strict creditor's bill within the mean ing of the section of the Michigan statute, which we have quoted, the remedy at law must appear to have been exhausted by obtaining a judgment, and, if the defendant was not insolvent, an execution returned 12-ulla bona. (ft) But the law is otherwise vhere a creditor by his bill merely seeks to remove a fraudulent con'e_yance out of the way of his execution. But in that case the bill must show that the judgment was an existing lien on the property conveyed. If it appears that a year had elapsed after the rendition of the judgment without an execution being...
- 189 x 246 x 14mm | 485g
- 13 Sep 2013
- United States
- black & white illustrations