Nock's Exr. v. Goodloe

Opinion by

Judge Pryor:

The first question raised by the pleadings can be readily disposed of, as the appellant could not assail the mortgage as fraudulent until a return of no property found. His levy of the execution did not make a cause of action, nor did the execution of the mortgage prevent a sale of th.e property under the execution regardless of the mortgage; and when sold and a conveyance made, the chancellor might entertain jurisdiction to remove the cloud upon his title. But with a conveyance to the execution creditor we perceive no reason, if. the mortgage was fraudulent, why an…