Legal Opinion
Lucking v. Barker
Michigan Supreme Court
Decided January 6, 1936No. Docket No. 60, Calendar No. 38,436PublishedCited by 4 opinions
1Opinion of the CourtWiest, J.
The bill herein was filed by a creditor of defendant Julia M. Barker to have discovery of property, belonging to her, and to subject the same, under the fraudulent conveyance act (3 Comp. Laws 1929, § 13392 et seq.), to payment of plaintiff’s claim. This is not a judgment creditor’s bill, for plaintiff, although he brought suit at law, has no judgment. The bill, however, under the fraudulent conveyance act, may precede judgment. Hartford Accident & Indemnity Co. v. Jirasek, 254 Mich. 131.
In 1925, plaintiff sold real estate to Julia M. Barker on land contract and, in June, 1929, the purchase…
2Cases cited3 opinions
- Walker v. SchultzMichigan Supreme Court · 1913
- Peters v. CartierMichigan Supreme Court · 1890
- Hartford Accident & Indemnity Co. v. JirasekMichigan Supreme Court · 1931
3Cited by4 opinions
- Churchill v. PalmerMichigan Court of Appeals · 1974
- Michael Pierce v. Partners for Payment Relief De III LLCMichigan Court of Appeals · 2017
- Michael Pierce v. Partners for Payment Relief De III LLCMichigan Court of Appeals · 2017
- Smith, Hinchman & Grylls v. Campau Holbrook Co.Court of Appeals for the Sixth Circuit · 1948