Willey v. Hite

(dissenting) — Although concurring in the finding of fraud, I cannot agree to the conclusion of the majority that plaintiff is not entitled to relief. As a judgment creditor, plaintiff had the right to ignore the fraudulent conveyances, to levy upon and sell the land non-homestead in character, secure a deed thereto, and then bring action for possession, to set aside the fraudulent conveyances, and to quiet his title as against all the defendants, or to proceed in equity by''creditors’ bill to remove the cloud, set aside the fraudulent conveyances, and to sell the land under either general or…