Polk v. Polk

The opinion of the court was delivered by

Fontron, J.:

The question presented on this appeal is whether the sale and assignment of a contract for the purchase of real estate was void as having been made to defraud creditors. This issue was tried out in the court below in garnishment proceedings, and no question is raised concerning the propriety or regularity of these proceedings. The trial court upheld the validity of the assignment and an appeal has been taken by the plaintiff-garnishor, James K. Polk.

For the sake of clarity we shall refer to the garnishor as plaintiff or James, and the…