Ranger
First National Bank of Haskell v. Ranger
Opinion
Lead Opinion
Shaw, J.
Plaintiff, as a judgment creditor of F. B. Banger, brought this action to set aside certain alleged fraudulent transfers of real estate and money, made by him to his wife, the defendant Mae B. Banger, and to subject the property so transferred to the payment of plaintiff’s judgment.
The appeal is from the judgment entered in favor of defendants.
At the time of the transfers, made in the months of March and May, 1914, F. B. Banger, as indorser upon a promissory note, was indebted to plaintiff in the sum of $3,500 and accrued interest. On July 26, 1918, the indebtedness originally evidenced by this note and interest thereon amounted to the sum of $5,485.11, for which a judgment was obtained against Banger. Upon a return nulla bona of an execution issued upon the judgment, an alias execution was issued, by virtue of which a writ of' garnishment was served upon defendant Mae B. Banger, the purpose of which was to hold and sequester any and all moneys in her possession belonging to Banger as judgment debtor of plaintiff. She answered, stating that she was not indebted to him in any sum whatsoever and held no property to which he or his creditors were entitled. Thereupon plaintiff…