McKibben v. Barton
Michigan Supreme Court
Appeal from Oakland Circuit Court in Chancery. McKibben, the appellant, and William Edwards, who died pending the suit, filed their bill in the circuit court against Hubbard, Mooney and the appellee Barton, to reach equitable assets belonging to Hubbard, against whom the complainants had a judgment, and to set aside as fraudulent a conveyance of real estate made by Hubbard to Mooney.
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Appeal from Oakland Circuit Court in Chancery. McKibben, the appellant, and William Edwards, who died pending the suit, filed their bill in the circuit court against Hubbard, Mooney and the appellee Barton, to reach equitable assets belonging to Hubbard, against whom the complainants had a judgment, and to set aside as fraudulent a conveyance of real estate made by Hubbard to Mooney. The bill set out a judgment against Barton in favor of complainants, the taking out of execution, and the officer’s return of the execution wholly unsatisfied, and contained all the usual allegations of an…
1Opinion of the Court
By the court,
Miles, J.
There is undoubtedly a class of cases in which the aid of a court of equity may be invoked in behalf of a judgment creditor, where such aid is rendered necessary by the interposition by the defendant of some fraudulent or inequitable obstruction to the collection of the judgment, independently of which the remedy would have leen ample at law.
In such case the party proceeds upon the ground that the defendant *214lias property, either real or personal, liable to execution upon his judgment : but that by the obstruction interposed, such execution is prevented from having full…
2Cases cited2 opinions
- Edmeston v. LydeNew York Court of Chancery · 1829
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by7 opinions
- Dempsey v. PforzheimerMichigan Supreme Court · 1891
- Trowbridge v. BullardMichigan Supreme Court · 1890
- Eames v. ManleyMichigan Supreme Court · 1899
- Krolik v. RootMichigan Supreme Court · 1886
- Blish v. CollinsMichigan Supreme Court · 1888
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