Orendorf v. Budlong
U.S. Circuit Court for the District of Eastern Michigan
In Equity. On motion for rehearing. This was a bill by a judgment creditor, who was also purchaser upon the execution sale, to set aside a fraudulent conveyance made by the judgment debtor.
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In Equity. On motion for rehearing. This was a bill by a judgment creditor, who was also purchaser upon the execution sale, to set aside a fraudulent conveyance made by the judgment debtor. The proofs showed that judgment was obtained in this court against the defendant Philo H. Budlong, June 12, 1877, execution issued and levied July 3, 1877,. upon lands theretofore owned by the defendant, and a certificate of the levy filed in the county register’s office; that the lands were sold upon such execution November 30, 1877, and were bid in by the complainants. A certificate óf sale under the…
1Opinion of the Court
BeowN, D. J.
There can be no doubt of the general jurisdiction of a court of equity to set aside fraudulent transfers of property at the instance of a judgment creditor. Such bills are constantly sustained, notwithstanding there may also be a remedy by ejectment, upon the ground that no remedy is full, adequate, and complete which loaves the fraudulent deed outstanding as an apparent cloud upon the title. Never since the ease of Bean v. Smith, 2 Mas. 252, decided by Mr. Justice Story in 1821, has the power of the federal courts to entertain bills of this description been questioned. Bump,…
2Cases cited25 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Noonan v. LeeSupreme Court of the United States · 1863
- Neves v. ScottSupreme Court of the United States · 1852
- Hildreth v. SandsNew York Court of Chancery · 1816
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