| Volume 200, Volume 2, Page 118 View pdf image (33K) |
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118 HIGH COURT OF CHANCERY. relieves this case from the objection, admitting that, independ- ently of this act, it would have been fatal. The legislature by the enactment in question, have most explicitly exempted creditors from the obligation to obtain judgment, before they shall be permitted to proceed in equity to vacate fraudulent conveyances. The objection upon the ground of inconvenience in the execu- tion of the law, the Chancellor thinks, may be readily overcome by the application of the ordinary rules and principles which govern the court in analogous cases. This bill charges that the deeds which it assails were of all the grantor's property, and that they were without consideration, and to hinder, delay and defraud the complainants who were his creditors, as well as his other creditors. It prays that they may be set aside as fraudulent, that the claims of the complainants may be paid, and for general relief. The Chancellor thinks the complainants have both stated and provided a sufficient case, and will sign a decree vacating the conveyances, and appointing a trustee to sell the property. T. S. ALEXANDER for Complainants. ROBT. J. BRENT for Defendants. [The decree in this case was affirmed on appeal.] |
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| Volume 200, Volume 2, Page 118 View pdf image (33K) |
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