Akron Bldg. & Loan Ass'n v. Foltz

Citations

• 26 Ohio C.C. Dec. 572
• 16 Ohio C.C. (n.s.) 299
• 1908 Ohio Misc. LEXIS 334

Syllabus

<p>ASSIGNMENTS — CREDITOR’S BILL.</p> <p>1. Issue Raised by Third party Intervening on Creditor’s Bill and Claiming the Fund, Triable without Presence of Debtor.</p> <p>In an action in the nature of a creditor’s bill to subject a debtor’s interest in an estate to the payment of a dormant judgment, where a third person intervenes and by cross-petition claims an assignment to himself of all the debtor’s interest in the estate, and the plaintiff answers this cross-petition, alleging fraud in such assignment, the issue thus raised between the plaintiff and the debtor’s assignee can be litigated, even without proper service upon the debtor assignee.</p> <p>2. Assignment for Support of Creditor for Life in Fraud of Creditors.</p> <p>Where the only consideration for the assignment of a debtor’s interest in an estate is the agreement of the assignee to support the assignor for the remainder of her life, the transaction can not stand at the expense of the assignor’s creditors; she must pay her creditors before she provides for her own future.</p> <p>[Syllabus by the court.]</p>