The Citizens & Southern National Bank v. William A. Auer and Judith Auer, and the Richland Trust Company

SILER, District Judge.

Plaintiff, Citizens & Southern National Bank, and defendant, The Richland Trust Company, are judgment creditors of William A. Auer, defendant-appellee. Although the banks were on opposite sides below, in disputing the priorities of their liens, they are on the same side here as appellants and have sought to reverse the decision of the District Court. Therefore, for purposes of this appeal, they will be called collectively “appellant” or “bank.”

The bank seeks to set aside an allegedly fraudulent conveyance by Mr. Auer to his wife of his interest in real estate which they…