Heyneman v. Dannenberg

Citations

• 6 Cal. 376

Syllabus

<p>A Court of Equity will take jurisdiction of a, bill for an injunction filed by attaching creditors of au insolvent, to restrain proceedings on execution against the property attached under a judgment against the debtor, in favor of another, alleged to have been obtained by fraud, where all the material allegations of the bill, except fraud, are admitted.</p> <p>It would be requiring the creditors to do a vain act, to compel them to await their judgment at law and a return of execution, when it is admitted that the only effect would be a return of nulla bona, and the property attached would, in the mean time, have passed to innocent purchasers on execution sale under the judgment.</p> <p>In such a case the books of the judgment creditor are not admissible as evidence for the defence, to show an entry of the original transaction on which the judgment is based, where the only predicate laid, is evidence that the judgment creditor was possessed of capital sufficient to have loaned the amount of the judgment to the judgment debtor.</p>