Stockgrowers State Bank v. Clay

The opinion of the court was delivered by

Thiele, J.:

The defendants appeal from an order sustaining a demurrer to their petition to vacate a judgment.

On August 9, 1937, the plaintiff bank sued the defendant, F. M. Clay, to recover on a promissory note. He made default and judgment was rendered against him on September 28, 1937. Execution being returned nulla bona, on December 8, 1937, the bank brought an action against F. M. Clay and F. L. Clay and their respective wives to set aside certain deeds from F. M. Clay to F. L. Clay as being in fraud of creditors, and especially the bank. The answer…