Beasley v. Coggins
Supreme Court of Florida
This case was decided by Division A. Appeal from Circuit Court for Madison county. Statement. The appellant D. P. Beasley filed his bill in the Circuit Court of Madison county as trustee in bankruptcy of P. S. Coggins, alleging that the said Coggins was adjudged a bankrupt by'the United States District Court on July 8th, 1902; that he, Beasley, was duly selected and appointed as trustee in bankruptcy of and for all the estate of said Cog-gins, and was then such trustee, as…
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This case was decided by Division A. Appeal from Circuit Court for Madison county. Statement. The appellant D. P. Beasley filed his bill in the Circuit Court of Madison county as trustee in bankruptcy of P. S. Coggins, alleging that the said Coggins was adjudged a bankrupt by'the United States District Court on July 8th, 1902; that he, Beasley, was duly selected and appointed as trustee in bankruptcy of and for all the estate of said Cog-gins, and was then such trustee, as shown by exhibits attached. The bill alleges substantially that P. S. Coggins, prior to being adjudged a bankrupt, was…
1Opinion of the CourtHocker, J.
(after stating the facts). — It does not appear upon what ground the coqrt below sustained the demurrer to the bill — but presumably all the grounds were sustained.
The general rule is that before a creditor can maintain a bill in equity to set aside a conveyance by his debtor, of his real estate, on the ground of fraud, the creditor must reduce his claim to judgment or its equivalent, a decree for, *219a balance remaining, after a foreclosure sale of mortgaged property, creating a lien on such real estate, and when personal property or equitable assets are pursued he must have an execution issued…
2Cases cited14 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Salmon v. BennettSupreme Court of Connecticut · 1816
- Mueller v. BrussWisconsin Supreme Court · 1901
- McKeown v. AllenSupreme Court of Florida · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bay View Estates Corp. v. SoutherlandSupreme Court of Florida · 1934
- George E. Sebring Co. v. O'RourkeSupreme Court of Florida · 1931
- Powers v. HeggieMassachusetts Supreme Judicial Court · 1929
- Ostend Realty Co. v. Biscayne Realty & InsuranceSupreme Court of Florida · 1930
- Copeland v. RogersSupreme Court of Florida · 1919
12 more not listed; retrieve them via the Exa API.