Johnson v. Trust Co. of America

Citations

• 104 F. 174
• 43 C.C.A. 458
• 1900 U.S. App. LEXIS 3899

Syllabus

<p>1. Equity — Separate Appeal.</p> <p>All parties interested in a decree must be given an opportunity to be beard, before an appellate court will consider it. One oi several defendants who desires to appeal must give notice to his co-defendants to .-join him, and they must refuse, before his separate appeal is maintainable: but no formal notice is required, and, if it fairly appears from the record that the co-defendants were notified of the appeal and declined to join in it, the separate appeal may stand. The facts that one of several co-defendants took her appeal in open court in the presence of all the parties at the time the decree was rendered, and that they all appeared by counsel in the appellate court, are sufficient evidence that the co-defendants received notice of, and declined to join in, the appeal.</p> <p>8. Boma Fide Creditor may Secure Unassailable Lien- from Fraudulent Vendee.</p> <p>A creditor who is aware that his debtor has conveyed his property to a third party for the purpose of defrauding his creditors, but who has no intent to aid him in his fraud, may, with his consent, procure from the fraudulent vendee payment of his just claim from the property fraudulently conveyed, or a lien upon that property to secure his just claim, which will be unassailable by the other creditors of his debtor.</p> <p>(Syllabus by the Court.)</p>