Ned J. Bowman Company v. White

CALLISTER, Justice.

Action by a judgment creditor to have set aside, as a fraudulent conveyance, a certain real estate mortgage. From a judgment of no cause of action, plaintiff appeals.

The mortgage in question, and the $10,000 promissory note which it secures, were executed on December 4, 1959, by the defendants Jones E. White and Sara S. White, his wife. The mortgagee is the defendant, Dr. E. H. White, father of Jones. At the time the mortgage was executed and recorded (December 16, 1959) there was pending in the Third District Court a civil suit by plaintiff against Jones. Plaintiff was…