Creditors may attack as fraudulent a judgment, conveyance, or any other arrangement interfering with their rights, either at law or in equity.
(Orig. Code 1863, § 1949; Code 1868, § 1937; Code 1873, § 1947; Code 1882, § 1947; Civil Code 1895, § 2689; Civil Code 1910, § 3218; Code 1933, § 28-104.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Creditor's Bills, §§ 3, 4.
37 Am. Jur. 2d, Fraud and Deceit, § 497.
C.J.S.- 37 C.J.S., Fraudulent Conveyances, §§ 150 et seq.
ALR.
- Creditor's receipt of proceeds of conveyance or transfer by debtor as estopping him to claim that conveyance or transfer was fraudulent, 9 A.L.R. 358.
Necessity of exhausting remedies against other judgment debtor before bringing suit to set aside conveyance as fraudulent, 22 A.L.R. 200.
Right of creditor or one representing him to recover money paid or property transferred by debtor on illegal consideration, 34 A.L.R. 1297.
Delivery of key as satisfying condition of immediate delivery and actual or continued change of possession to uphold sale of personal property against subsequent purchaser or third persons generally, 56 A.L.R. 518.
Absolute conveyance or transfer with secret reservation as fraudulent per se as against creditors, 68 A.L.R. 306.
Joinder of grantees or transferees in different conveyances or transfers in suit to avoid them as in fraud of creditors, 69 A.L.R. 229.
When statute of limitations or laches commences to run against action to set aside conveyance or transfer in fraud of creditors, 76 A.L.R. 864; 100 A.L.R.2d 1094.
Remedies of creditors of insolvent decedent's estate where other creditors have received excessive payments, 77 A.L.R. 981.
Validity as against creditors of conveyance in trust for settlor for life with remainder to his appointees, 93 A.L.R. 1211.
Right of creditor of decedent, before perfecting his claim or after loss of recourse against decedent's estate, to pursue remedy against property conveyed by the decedent in fraud of his creditors, 103 A.L.R. 555.
Fraud of judgment debtor in concealing assets or misrepresenting his financial condition as affecting failure to issue execution or revive judgment within the statutory period or as ground of action for fraud and deceit causing loss of legal remedy on the judgment, 104 A.L.R. 214.
Decree in suit by judgment creditor to set aside conveyance in fraud of creditors as bar to another suit for same purpose in respect of another conveyance, 108 A.L.R. 699.
Succession, estate, or gift tax in respect of or as affected by conveyance or transfer restoring to original owner property transferred by him to defraud or delay creditors, 108 A.L.R. 1508.
Criterion of jurisdictional amount in action in form of creditors' bill or suit to avoid conveyance in fraud of creditors, 109 A.L.R. 1185.
Conflict of laws as regards validity of fraudulent and preferential transfers and assignments, 111 A.L.R. 787.
Rights as between creditors of fraudulent grantor, where one or more of them, in payment of or as security for his debt, receives deed or mortgage from fraudulent grantee, 114 A.L.R. 406.
Right to attack and conditions of attack upon conveyance, mortgage, or transfer as fraudulent as against creditors as affected by mortgage or other security for indebtedness to attacking creditor, 116 A.L.R. 1048.
Complainant's purpose to defraud creditors as defense to suit to recover property paid for by him but conveyed to defendant, 117 A.L.R. 1464.
Right of individual creditor or creditors of debtor in liquidation or receivership to maintain bill to set aside conveyances or transfers in fraud of creditors, 119 A.L.R. 1339.
Statute of limitation applicable to suit by creditor to set aside transfers of debtor's property, 128 A.L.R. 1289.
Right of grantee, or his privies, to maintain suit or proceeding for affirmative relief, where claim is made or anticipated that conveyance was made with intention on part of grantor, but without actual fraud by grantee, to defraud former's creditors, 128 A.L.R. 1504.
Conditions of creditor's bill or suit to avoid conveyance as a fraud on creditors where creditor has recovered foreign judgment, 129 A.L.R. 506.
Right to set aside, for benefit of heirs and distributees, a conveyance or transfer by decedent in fraud of his creditors, 148 A.L.R. 230.
Rights as between creditors of grantor or transferrer and those of grantee or transferee in respect of property conveyed or transferred in fraud of creditors, 148 A.L.R. 520.
Pleading and proof of exempt character of property in suit to set aside its conveyance as in fraud of creditors, 154 A.L.R. 913.
Right of wife or child by virtue of right to support to maintain action to set aside conveyance by husband or parent as fraudulent, without reducing claim to judgment, 164 A.L.R. 524.
Right of attachment or judgment creditor, or officer standing in his shoes, to attack older lien or security interest for usury, 70 A.L.R.2d 1409.
Right of tort claimant, prior to judgment, to attack conveyance or transfer as fraudulent, 73 A.L.R.2d 749.
Conveyance as fraudulent where made in contemplation of possible liability for future tort, 38 A.L.R.3d 597.
Right of secured creditor to have set aside fraudulent transfer of other property by his debtor, 8 A.L.R.4th 1123.
Right of creditor to recover damages for conspiracy to defraud him of claim, 11 A.L.R.4th 345.
Purchase of annuity by debtor as fraud on creditors, 74 A.L.R.6th 549.