92 A. 803 | N.H. | 1914
According to the decisions in Kenefick v. Perry,
Moreover, it is well established in this state that in the absence of a fraudulent intent on the part of the vendee he cannot be charged as a trustee of the vendor, for the value of property honestly bought and paid for, in the equitable action of trustee process. In such a case, if the creditor believes the transfer was fraudulent as a. matter of law, he must proceed by an attachment of the property, obtain judgment in his action at law, and then seek in equity to. have the transfer set aside upon that ground. He must proceed as a judgment creditor having an attachment lien upon the property. Thompson v. Esty,
Trustees discharged.
All concurred. *410