Engelman

In October 1969, an action in equity was instituted by a judgment creditor, Howard and Betty Joy Engelman (Engelman), to subject certain residential property to their judgment as being the property of the judgment debtor Hank Gordon (Hank), although title thereto stood in the name of Hank’s wife, Carolyn S. Gordon (Carolyn). Thereafter, in March 1972, pursuant to leave of court, Harry and Frances Stumer (Stumer) filed a complaint in intervention whereby they adopted Engelman’s first amended complaint and the relief sought therein, in that both Engelman and themselves were each judgment creditors of Hank. A judgment was rendered in favor of the creditors (Engelman and Stumer), and both Hank and Carolyn appealed. Stumer cross-appealed. This court reversed the judgment for a new trial on limited issues. On retrial, judgment was granted in favor of Engelman as against Hank and Carolyn and in favor of Hank and Carolyn as against Sturner. Hank and Carolyn appealed, and Stumer cross-appealed.

The pertinent facts on this appeal are as follows: In 1962 Sturner filed an action against Hank and obtained a judgment in excess of $18,000. This judgment, except for the sum of $4,000…