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