Stewart v. Troutman's Adm'r

Opinion by

Judge Pryor :

The right of action existed prior to the death of appellant’s intestate, and we perceive no reason why his death should require a return of nulla bona as against his personal representative or devisees; and besides this is a proceeding to subject to the payment of appellee’s debt land that had been conveyed by the husband to the wife upon no other consideration than that of love and affection.

It was a voluntary conveyance, and subject to the claims of the husband’s creditors existing prior to its execution. This is not a proceeding to enforce a lien to foreclose a…