143 Ga. 137 | Ga. | 1915
(After stating the foregoing facts.) The uniform procedure act of 1887, permitting the joinder of legal and equitable causes, and obtaining appropriate relief in the same action, did not change any essential feature of the law respecting the venue of actions. Before its passage a creditor without a lien, under ordinary conditions, could not first maintain an action to set aside a fraudulent conveyance of his debtor; but since its enactment a creditor, in one action, may attack a sale made by his debtor as fraudulent, and obtain judgment against his debtor for the debt. Booth v. Mohr, 122 Ga. 333 (50 S. E. 173). This does not mean that a creditor without a lien may go out of the county of his debtor and institute an action against the debtor’s grantee, in the county of the latter’s residence, for the purpose of obtaining judgment against his non-resident debtor and subjecting to its lien property which it is alleged the debtor fraudulently conveyed to his grantee. A cred
Judgment affirmed.