Towle v. Janvrin
Supreme Court of New Hampshire
In Equity. The bill alleges that the plaintiff, September 13, 1877, sued out a writ against the defendant George Janvrin, and on the next day attached as his property a certain tract of land with the buildings thereon, in Exeter, known as the Academy lot; that he recovered judgment at the October term, 1878, for $380.64 damages and $37.25 costs, upon which an execution was duly issued and levied upon a portion of said Academy lot with the stable thereon as the property of…
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In Equity. The bill alleges that the plaintiff, September 13, 1877, sued out a writ against the defendant George Janvrin, and on the next day attached as his property a certain tract of land with the buildings thereon, in Exeter, known as the Academy lot; that he recovered judgment at the October term, 1878, for $380.64 damages and $37.25 costs, upon which an execution was duly issued and levied upon a portion of said Academy lot with the stable thereon as the property of said George, and in full satisfaction of said execution and costs of levy; that said George, April 23, 1874, and long…
1Opinion of the CourtBlodgett, J.
The only question for consideration is raised by the special demurrer, which sets up that the plaintiff has a plain and adequate remedy at law.
If the demurring defendants hold or claim to hold the premises set off to the plaintiff under fraudulent titles, the demurrer must be overruled; for the established doctrine in this state is, that a creditor has the right to file a bill in equity to set aside a fraudulent conveyance of the debtor’s real estate as soon as he has obtained a judgment which is a lien on the property. Dodge v. Griswold, 8 N. H. 425, 426; Tappan v. Evans, 11 N. H. 311; Stone…
2Cited by2 opinions
- Dupont v. MooreSupreme Court of New Hampshire · 1933
- Felker v. HazeltonSupreme Court of New Hampshire · 1895