Mississippi Mills v. Cohn

Citations

• 39 F. 865

Syllabus

<p>1. Courts—Federal Jurisdiction—Suits by Assignees.</p> <p>Complainants, as the assignees of a judgment obtained in the state court by a citizen of the same state as the defendant in the judgment, sue in equity proceeding, by way of a creditors’ bill, to enforce said judgment against the insolvent debtor's property. Held, that the assignor could not have sued in original proceedings in this court, and that his assignees cannot do so, under the act of 1888.</p> <p>8. Creditors’ Bill—Adequate Remedy at Law.</p> <p>The allegations in the bill, and the evidence administered by complainants, show that the property which they seek to hold liable for their claims, other than that of the judgment mentioned, is the property, in law and in fact, of Cohn, thoir insolvent debtor; that title was taken in Mrs. Steinhardl’s name for a fraudulent purpose, and Cohn’s money paid for the property in question. Held that, if their allegations are true, they have an adequate remedy at law in an execution against the property, treating the sales to Mrs. Steinhardt as mere simulations; that no purpose is disclosed in the bill or evidence of complainants to present a cause for a revocatory action; that the pending suit is one in declaration of simulation, which involves title as between Cohn and Mrs. Steinhardt to the property sought to be subjected to Cohn’s debts, and cannot be heard in equity.</p> <p>(Syllabus by the Courtj</p>