When a person summoned as a trustee has in his or her possession goods, effects, or credits of the defendant, which he or she holds by a conveyance or title void as to the creditors of the defendant, he or she may be adjudged a trustee on account thereof, although the defendant could not have maintained an action therefor against him or her; and, in its discretion, the court may order a person so summoned to appear personally before the court and submit to an oral examination.