Weil v. Lankins
Nebraska Supreme Court
Error to the district court of Seward county. The opinion states the facts of the case. First. The only question in the case is this: Is an attaching creditor entitled, by virtue of the levy of an attachment on the property of his debtor, to maintain a petition in the nature of a creditor’s bill to set aside fraudulent conveyances and incumbrances of the attached property made by his debtor prior to the attachment? Second.
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Error to the district court of Seward county. The opinion states the facts of the case. First. The only question in the case is this: Is an attaching creditor entitled, by virtue of the levy of an attachment on the property of his debtor, to maintain a petition in the nature of a creditor’s bill to set aside fraudulent conveyances and incumbrances of the attached property made by his debtor prior to the attachment? Second. The general principle, grounded on reason ■and deducible from the authorities, is that where property is subject to execution, and a creditor seeks to have a fraudulent…
1Opinion of the CourtMaxwell, J.
On the 16th day of September, 1871, the plaintiffs in error, commenced an action against Frederick F. Lankins in the District Court of Seward County, to recover the sum of $735.39, and caused an order of attachment to be issued against the property of said Lankins. Lots 7, 10 and 11, in Block 12, in the town of Seward, were attached as the property of Lankins, the title at that time being in the name of Caroline E. Lankins, the wife of Frederick F. Lankins. On the 13th day of February, 1872, the plaintiffs in error filed their petition in said court, reciting the above facts, and alleging…
2Cited by11 opinions
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