212 N.W. 455 | Minn. | 1927
1. When a debtor conveys land, and his judgment creditor claims it was in fraud of creditors, he may disregard the conveyance and sell the real estate upon execution and afterwards litigate the question of fraud; or he may bring an action to set aside the conveyance as fraudulent. Uniform Fraud. Conv. Act. § 9, G.S. 1923, § 8483; Doland v. Burns Lumber Co.
2. Whether a receiver shall be appointed in proceedings supplementary to execution under G.S. 1923, § 9453, is largely within the discretion of the trial court. Wilkins v. Corey,
3. The plaintiff appreciates the force of this, but urges that under G.S. 1923, § 9450, et seq., and particularly §§ 9452, 9453, it can reach the property of the defendants only through a receiver. This is not the correct view. A judgment creditor may use supplementary proceedings for the purpose of getting information and then bring suit to avoid conveyances, or he may proceed upon execution. He need not ask for a receiver, or may ask and be denied one, and then proceed with every remedy he has. It is common practice. Nothing that the plaintiff has done precludes a remedy by action or by levy of execution.
Order affirmed. *293