Kinder v. Macy
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, in the County of Yuba. The plaintiffs, attaching and judgment-creditors of Adams & Co., filed a bill in equity against the defendants, Macy, Low, and Low, and a number of other defendants, praying for a decree setting aside certain conveyances of real property by members of the firm of Adams & Co., to Macy, Low, and Low; the other defendants being alleged to have or claim liens upon the property.
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Appeal from the District Court of the Tenth Judicial District, in the County of Yuba. The plaintiffs, attaching and judgment-creditors of Adams & Co., filed a bill in equity against the defendants, Macy, Low, and Low, and a number of other defendants, praying for a decree setting aside certain conveyances of real property by members of the firm of Adams & Co., to Macy, Low, and Low; the other defendants being alleged to have or claim liens upon the property. The bill alleges, that the conveyances to Macy, Low, and Low, were fraudulent, and made to hinder, delay, and defraud the creditors of…
1Opinion of the CourtMurray, C. J.
To maintain a creditor’s bill in chancery, in order to reach equitable assets which are alleged to be fraudulently conveyed, it is not sufficient simply to aver that the conveyance was fraudulent, but facts and circumstances must be set out and shown, which will reasonably sustain the theory of the bill.
In the present case, unless the defendants, Macy, Low & Co., received the conveyance under which they hold "the projmrty, with a view to hinder, delay, or defraud creditors, the complainants’ bill can have no standing in a Court of Equity. For if Macy, Low & Co. have purchased in good faith,…
2Cited by17 opinions
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- Flewellen v. CraneSupreme Court of Alabama · 1877
- Tiner v. StateSupreme Court of Alabama · 1960
- Leavenworth, Lawrence & Galveston Rld. v. Comm'rs of Douglas CountySupreme Court of Kansas · 1877
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