Hager v. Shindler
Citations
- 29 Cal. 47
Syllabus
<p>Jurisdiction op Court op Equity where there is a Remedy at Law.—A Court of equity has jurisdiction at the suit of the judgment creditor who has purchased land at Sheriff’s sale, and received a Sheriff’s deed therefor, to annul and set aside, as a cloud upon title, a deed of the land given before the recovery of judgment by the judgment debtor, without consideration, and to defraud the creditor.</p> <p>Equity and Law Jurisdiction.—Before a case can ho considered as beyond the reach of a Court of equity, it must be made to appear that the legal remedy would be adequate and complete.</p> <p>Complaint in Action by Creditor against Debtor.—The complaint, in a suit in equity brought by the judgment creditor who has a Sheriff's deed of land, to set aside and cancel a deed of the same given by the judgment debtor before the recovery of judgment to defraud the creditor, need not aver that the plaintiff has exhausted his remedy at law hy issuing an execution and having it returned nulla bona.</p> <p>A Cloud on Title may be removed by One not in Possession.—A judgment creditor need not be in possession of land to enable him to maintain a suit in equity, after he has a Sheriff's deed, to cancel a deed of the same given by the debtor to defraud him before he recovered judgment.</p> <p>Complaint by Creditor to cancel Fraudulent Deed of Debtor.—A creditor who has purchased land of the debtor at Sheriff's sale, and obtained a Sheriff’s deed therefor, in a complaint to cancel a deed given by the debtor to defraud him before judgment was recovered, need not aver that the debtor was insolvent when he made the deed.</p> <p>Deed to defraud Creditors.—A deed of land may be made to hinder, delay, and defraud creditors by a rich man as well as one who is insolvent.</p> <p>Creditors Bill and Suit to cancel Fraudulent Deed.—There is a distinction between a creditor's bill and a suit in equity by one who has a Sheriff's deed of land, to cancel a fraudulent deed of the same made by a debtor
Judges: Sawyer, Shafter
Read full opinion on CourtListenerCited by
25 cases in this archive cite this case; the 20 most cited are listed.
- City & County of San Francisco v. Superior CourtCalifornia Supreme Court· 1951-05-15· cited 240×
- Holm v. Superior CourtCalifornia Supreme Court· 1954-03-12· cited 87×
- First National Bank of Los Angeles v. MaxwellCalifornia Supreme Court· 1899-01-21· cited 66×
- Arrington v. LiscomCalifornia Supreme Court· 1868-07-01· cited 62×
- United States v. Samuel Neidorf and Maria Glickman, of the Estate of Mannes n.glickmanNinth Circuit· 1975-08-04· cited 48×
- Aetna Casualty & Surety Co. v. Superior CourtCalifornia Court of Appeal· 1984-02-21· cited 44×
- Stearns v. Los Angeles City School DistrictCalifornia Court of Appeal· 1966-09-08· cited 37×
- Empire Lighting Fixture Co. v. Practical Lighting Fixture Co.Second Circuit· 1927-06-16· cited 36×
- Bull v. BrayCalifornia Supreme Court· 1891-05-28· cited 36×
- Solon v. LichtensteinCalifornia Supreme Court· 1952-05-27· cited 35×
- Judson v. LyfordCalifornia Supreme Court· 1890-06-12· cited 30×
- Baldwin v. Commissioner of Internal RevenueNinth Circuit· 1942-02-10· cited 20×
- Pico v. PicoCalifornia Supreme Court· 1880-07-01· cited 19×
- Goodnow v. ParkerCalifornia Supreme Court· 1896-04-16· cited 18×
- In re Estes & CarterD. Oregon· 1880-06-12· cited 16×
- Roman Catholic Archbishop v. ShipmanCalifornia Supreme Court· 1886-05-25· cited 13×
- Stewart v. ThompsonCalifornia Supreme Court· 1867-07-01· cited 10×
- Puccetti v. GirolaCalifornia Court of Appeal· 1944-03-09· cited 7×
- State v. SnowdenUtah Supreme Court· 1901-03-29· cited 6×
- Phelps Dodge Corp. v. GuerreroNinth Circuit· 1921-05-09· cited 5×
Cites
5 cases in this archive are cited by this case.
- Mulford v. Le FrancCalifornia Supreme Court· 1864-07-15· cited 31×
- De Witt v. HaysCalifornia Supreme Court· 1852-10-15· cited 29×
- Shattuck v. CarsonCalifornia Supreme Court· 1852-10-15· cited 17×
- Kinder v. MacyCalifornia Supreme Court· 1857-07-01· cited 17×
- Harris v. TaylorCalifornia Supreme Court· 1860-07-01· cited 7×
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