CREDITORS' RIGHTS-REMEDIES AVAILABLE TO TORT CREDITOR WITHOUT JUDGMENT IN MICHIGAN AND UNDER THE UNIFORM FRAUDULENT CONVEYANCES ACT

Peterson, Jr. S.Ed., Colvin A.

Journal: Michigan Law Review

Volume: 48

First Page: 711

Year: 1950

Bluebook Citation: 48 MICH. L. REV. 711 (1950)

Author: Jr S. Ed Colvin A. Peterson: all 5 publications


Abstract

During negotiations for settlement of a tort claim between plaintiff and X, X transferred some realty to his son, defendant. Plaintiff commenced suit against X on the claim and, alleging that defendant and X were jointly liable on the claim, sued defendant in equity to enjoin a prospective transfer of the property by defendant to third parties. Held, for defendant; equity has no jurisdiction to enjoin the transfer of assets for a claim that is not secured by a lien or reduced to a judgment. Irwin v. Meese, 325 Mich.

349, 38 N.W. (2d) 869 (1949).

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