Blanchard v. Evans

Truax, J:

“The plaintiffs say in the brief handed up by theifi counsel on the trial that (in no sense is this a creditors’ action, but that it is an action by a bona fide owner of a chose in action to cancel or declare void as to the plaintiffs, a certain pretended assignment of such chose in action, which antedates an assignment of the same chose in action to the plaintiffs, on the ground that the prior or earlier assignment is affected by fraud and collusion, is a fraud upon plaintiff’s title, and is about to be fraudulently and collusively used and applied to the prejudice and injury of the…