Legal Opinion
Murray v. Sioux Alaska Mining Co.
Court of Appeals for the Ninth Circuit
Decided February 13, 1917No. 2655PublishedCited by 4 opinions
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above).
The established rule of practice in equity in the federal courts is that a creditors’ bill cannot be maintained to set aside a fraudulent conveyance until the..creditor has re*526duced his claim to judgment and had execution issued thereon, and until a return is made that execution is unsatisfied. Scott v. Neely, 140 U.S. 106, 11 S.Ct. 712, 35 L.Ed. 358; Cates v. Allen, 149 U.S. 451, 13 S.Ct. 977, 37 L.Ed. 804; Hollins v. Iron Co., 150 U.S. 371, 14 S.Ct. 127, 37 L.Ed. 1113, But in cases where the statutes of the state or territory in which the action is…
2Cases cited13 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Scott v. NeelySupreme Court of the United States · 1891
- Case v. BeauregardSupreme Court of the United States · 1880
- Cates v. AllenSupreme Court of the United States · 1893
- Wyman v. WallaceSupreme Court of the United States · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hatch v. Morosco Holding Co.Court of Appeals for the Second Circuit · 1931
- United States v. FairallDistrict Court, S.D. New York · 1926
- Wyman Co. v. Farmers Elevator Co.South Dakota Supreme Court · 1930
- Hatch v. Morosco Holding Co.Court of Appeals for the Second Circuit · 1931