Willard v. Loucks

— The appellees as plaintiffs, brought an action against the appellants, as defendants, in the Elk-hart Superior Court, being cause number 5,828 in said court, for the purpose of having a transfer of real estate from one John P. Stauffer to Stanford Willard set aside as fraudulent. Upon the trial of said cause in the Elk-hart Superior Court, the court found that the plaintiffs were entitled to have the transfer of the real estate set aside, subject to a first lien thereon in favor of Stanford Willard in the sum of $13,380.

In its judgment the court attempted to create, and declare a first lien…