Legal Opinion

Swift v. Arents

California Supreme Court

Decided October 15, 1854PublishedCited by 4 opinions

Appeal from the Sixth Judicial District. The complaint in this case averred that the plaintiff had recovered judgment against Arents & Co., on which an execution had been issued, and returned, no property found; that Arents & Co. had conveyed certain town lots to the other defendants to defraud creditors, and praying a sale of the property to pay the judgment; in fact, containing the substantial averments usual in a creditor’s bill under the old system of practice.

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Appeal from the Sixth Judicial District. The complaint in this case averred that the plaintiff had recovered judgment against Arents & Co., on which an execution had been issued, and returned, no property found; that Arents & Co. had conveyed certain town lots to the other defendants to defraud creditors, and praying a sale of the property to pay the judgment; in fact, containing the substantial averments usual in a creditor’s bill under the old system of practice. The defendants demurred to the complaint, on the ground that an action of this kind would not lie under the new code; that the…

1Opinion of the CourtJustice Heydeneeldt

Mr. Ch. J. Murray concurred.

The demurrer was improperly sustained. The bill is filed by a creditor asking relief against fraudulent transfers and concealment of his property by the debtor. This is a substantial ground of equity jurisdiction, and we see no reason for refusing to entertain it.

Judgment reversed, and the cause remanded.

2Cited by4 opinions

  1. Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
  2. McCutcheon v. Superior CourtCalifornia Court of Appeal · 1933
  3. Rapp v. WhittierCalifornia Supreme Court · 1896
  4. Watkins v. WilhoitCalifornia Supreme Court · 1894

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