Pearce v. Brown

Opinion by

Judge Lindsay :

In order to maintain an action in equity to set aside a fraudulent conveyance, it is in general requisite that the creditor shall have a judgment at law, and a return of nulla bona upon his common-law execution.

If V. C. Pearce were alive, a judgment against him and a return of no property would be necessary to enable appellees to reach the estate conveyed by Combs to his heirs at law. As he is dead, the appellees should either show that they have such judgment and return against his personal representative, or else that he has no personal representative. The last fact…