Kehoe

Miller v. Kehoe

Good Law
107 Cal. 340·1895 Cal. LEXIS 756·40 P. 485
Supreme Court of CaliforniaMay 27, 1895No. 15785California1,423 words

Opinion

lead Opinion

McFarland, J.

This action was commenced by the plaintiffs, Miller, Horn, and Chapman, against the defendants, Margaret Kehoe and her husband, John W. Kehoe. It was averred in the complaint that said plaintiffs were creditors of the defendant John Kehoe; that said John was the owner of certain described real property, which he had conveyed to his wife, the defendant Margaret, with intent to defraud his creditors; and that he had commenced proceedings in insolvency, which prevented plaintiffs from obtaining judgments against him. The purpose of the action was to have the conveyance from said John to said Margaret declared fraudulent, and to have the property conveyed sold, and the proceeds of the sale applied to the satisfaction of defendant’s debts. It is averred that the action was brought on behalf of said plaintiffs and also in behalf of other creditors “who may come in and make themselves plaintiffs to this action and contribute to the expenses thereof”; and it appears that certain other creditors did come in as plaintiffs. It was also prayed that when an assignee in insolvency of said John W. Kehoe should be appointed he should also be made *342 a party; and E. G. Rudolph, having been…

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