43 Minn. 297 | Minn. | 1890
In an action to set aside a conveyance executed in fraud of creditors, the plaintiff must, in his complaint, state facts showing that he occupies a status entitling him to assail the conveyance on the ground of the fraud; that he himself is a creditor, or that he occupies a representative capacity which gives him the right, in behalf of creditors, to assail it. None but creditors, or those whom the law recognizes as their representatives, can assail such conveyances. The grantor himself cannot do it. Neither could his heirs, assigns, or personal representatives do so, being considered as merely standing in his shoes. But .by statute the executor or administrator of an insolvent estate, the assignee of an insolvent debtor under a general assignment for the benefit of creditors, or the assignee or receiver of the property of such a debtor under the “insolvent law,” and a receiver appointed in proceedings supplementary to execution, are authorized to maintain such actions; they being considered, for such purpose, the representatives of the creditors prosecuting the action in their behalf. But they must allege the facts giving them this right. In the present case the only allegation in the complaint, in that regard, is that the plaintiff was, “by order of this court made
Order reversed.