Friedling v. Freedman
Friedling v. Freedman
Opinion of the Court
delivered tbe opinion of tbe Court:
This is not a creditor’s bill to subject tbe property of an absconding debtor to tbe satisfaction of an alleged indebtedness, as in Droop v. Ridenour, 9 App. D. C. 95, tbe case relied
The rule is elementary that a creditor cannot assail as fraudulent' an assignment or transfer of property by a debtor until the debt has been established by a judgment in a court of competent jurisdiction. Scott v. Neely, 140 U. S. 106, 35 L. ed. 358, 11 Sup. Ct. Rep. 712; Cates v. Allen, 149 U. S. 451, 37 L. ed. 804, 13 Sup. Ct. Rep. 883, 977. Much less will the mere probability of such a conveyance by an undetermined debtor sustain an action on the complaint of a possible creditor. The decree is affirmed, with costs. Affirmed.
Reference
- Full Case Name
- FRIEDLING v. FREEDMAN
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- 3 cases
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- Syllabus
- Equity; Ixjunction. Equity is without jurisdiction to restrain, at the instance of the plaintiff in a pending action of tort, the conveyance by the defendant in that action of his property for the alleged purpose of defeating the collection of a possible recovery in the tort action. (Distinguishing Droop v. Ridenow, 9 App. D. C. 95.)