 | New York (State). Commissioners of the Code - Civil law - 1862 - 550 pages
...act or obligation, be ludicial- for fruu(l, only where the fraud obstructs the enforcement^ uinod. by legal process, of his right to take the property affected by the transfer or obligation. •Andrews v. Durant, 18 NT, 496; Reubens e. Joel, 13 id., 488; Bishop v. Halsey, 3 Abb. Ph,400; Frisbr... | |
 | New York (State). Commissioners of the Code - Civil law - 1862 - 538 pages
...obligation, be judiciai- for fraud, only where the fraud obstructs the enforcement, ly ascer- • Dv legal process, of his right to take the property affected by the transfer or obligation. 1 Andrews v. Durant, 18 NY, 496 ; Reubens ». Joel, 13 id., 488 ; Bishop ». Halsey, 3 Abb. Pr., 400... | |
 | New York (State). Commissioners of the Code, New York (State). - Civil law - 1865 - 896 pages
...creditor can avoid the act or obligation of nis debtor, for fraud, only where the fraud obtatoed' structs the enforcement, by legal process, of his right to...the property affected by the transfer or obligation. Andrews ». Durant, 18 NY, 496; Reubens v. Joel, 13 »V.. 488 ; Crippen v. Hudson, id., 161 ; Bishop... | |
 | California - Civil law - 1876 - 626 pages
...against purchasers or incumbrancers in good faith subsequent to the transfer. 53 Cal. 402, 625. § 3441. A creditor can avoid the act or obligation of his...debtor for fraud only where the fraud obstructs the enforcemeu t, by legal process, of his right to take the property affected by the transfer or obligation.... | |
 | California - Civil law - 1876 - 624 pages
...himself, and against purchasers or incumbrancers in good faith subsequent to the transfer. § 3441. A creditor can avoid the act or obligation of his debtor for fraud only whore the fraud obstructs the enforcement, by legal process, of his right to take the property affected... | |
 | California - Civil law - 1876 - 612 pages
...faith subsequent to the transfer. „ (J / 53 Cal. 402, 625. ^ "^~ '2 •*' 3 . •£ 6 ^7 § 3441. A creditor can avoid the act or obligation of his debtor for frand only where the frand obstructs the enforcement, by legal process, of his right to take the property... | |
 | Jabez Franklin Cowdery - Bankruptcy - 1880 - 198 pages
...himself, and against purchasers or incumbrancers in good faith subsequent to the transfer." Sec. 3441, Id. "A creditor can avoid the act or obligation of his...property affected by the transfer or obligation." Sec. 3442, Id. "In all cases arising under section 1227, or under the provisions of this title, except... | |
 | South Dakota. Supreme Court - Court rules - 1918 - 804 pages
...Section 2370, Civil Code, provides : "A creditor can avoid the act or bbligation of his debtor * * * only where the fraud obstructs the enforcement, by...property affected by the transfer or obligation." The property affected by the fraudulent transfer can be no other than that owned by the judgment debtor.... | |
 | Wilbur Fisk Henning - Assignments for benefit of creditors - 1895 - 412 pages
...Etiwanda W. Co., Id. 540; Byrne? v. Hatch, 77 id. 244; Brown v. Bk. of Napa, Id. 546. SECTION 3441. A creditor can avoid the act or obligation of his...the property affected by the transfer or obligation. That fraud is not presumed, that intent is question of fact, and where homestead is the subject of... | |
 | California - Civil law - 1903 - 1240 pages
...conveyance: See Code Civ. Proc., sees. 676-680^. § 3441. Creditor's right must be judicially ascertained. A creditor can avoid the act or obligation of his...the property affected by the transfer or obligation. En. March 21, 1872. Cal.Rep.Cit. 93, 286; 95, 532; 132, 613. § 3442. Question of fraud, how determined.... | |
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A creditor can avoid the act or obligation of his debtor for fraud only where the fraud obstructs the enforcement, by legal process, of his right to take the property affected by the transfer or obligation. 
