Epstein v. Bendersky

This is a suit by a judgment creditor to set aside allegedly fraudulent transfers of bonds and mortgages and corporation stock. The bill does not show that execution issued on complainant's judgment.

Defendants move to dismiss the bill on the ground that, because of the lack of such an allegation, the bill does not show a cause of action within the jurisdiction of the court. Their argument runs thus: In 1844, when our Constitution was adopted and thereafter until the enactment of the Uniform Fraudulent Conveyance Law in 1919, a creditor's bill in equity to set aside a fraudulent conveyance of…