Allen v. Smith

Citations

• 129 U.S. 465
• 9 S. Ct. 338
• 32 L. Ed. 732
• 1889 U.S. LEXIS 1702

Syllabus

<p>In a suit in equity, brought by a judgment creditor, to set aside, as fraudulent, another judgment against the debtor, and the sale thereunder to the plaintiff in the latter, of land of the debtor, it was held, that the.burden of proof was on the plaintiff, and that the latter judgment had not been successfully impeached.</p> <p>The plaintiff could not avail himself of the objection that the debtor did not plead the statute of limitations to a part of the claim, in the suit which resulted in the latter judgment; the debtor was. at liberty to waive the plea; and there was sufficient in the relations of the parties and in the circumstances of the case' to warrant him in doing so.</p>