Elson v. Clayton

The plaintiff, a subsequent judgment holder, claims priority oyer the defendant bank’s preceding attachment, by reason of his having obtained decree in a creditors’ bill vacating for fraud a $5,000 mortgage given by the debtor to his wife upon the attached property before the attachment. The sole ground of the claim of priority is the equitable rule rewarding with a preference the diligent creditor who first commences proceedings to vacate the fraudulent conveyance.

Plaintiff and defendant bank were creditors of Rockhold. Roekhold owned the two forties. Rockhold gave to his wife a mortgage…