Gibbons v. Brandt

On Rehearing

LINDLEY, District Judge.

We have granted a rehearing and the cause has been reargued.

In our earlier opinion we disposed of the issues raised by the various defenses of*390fered by defendants at the trial. We see no occasion to recede from anything said with respect to any other than the third defense which has to do with the question of whether the fraud of plaintiff in procuring judgment may be invoked by the owner when the judgment creditor attempts to enforce its lien against the owner’s property. We must keep in mind that the defendants, owners of the property involved, have never…