Johnson v. Messick

Citations

• 11 Del. Ch. 454
• 106 A. 58
• 1919 Del. Ch. LEXIS 4

Syllabus

<p>While, in a proper case, action which would cast a cloud on. title to real estate can be enjoined, a judgment creditor, acting in good faith, having reason to believe that conveyance by debtor prior to judgment was fraudulent and void, and seeking by execution sale to avoid.it, should not be enjoined and compelled to litigate the title in equity; whether there'is fraud in any case being a question of fact, like other questions of fact, peculiarly within the province of the jury, and the party making the allegation of fraud being entitled to have the question submitted to a jury.</p> <p>Answer under oath, in injunction suit, implies good faith till the contrary is shown.</p>