Murray

(after stating the facts as above).

The established rule of practice in equity in the federal courts is that a creditors’ bill cannot be maintained to set aside a fraudulent conveyance until the..creditor has re *526 duced his claim to judgment and had execution issued thereon, and until a return is made that execution is unsatisfied. Scott v. Neely, 140 U.S. 106 , 11 S.Ct. 712 , 35 L.Ed. 358 ; Cates v. Allen, 149 U.S. 451 , 13 S.Ct. 977 , 37 L.Ed. 804 ; Hollins v. Iron Co., 150 U.S. 371 , 14 S.Ct. 127 , 37 L.Ed. 1113 , But in cases where the statutes of the state or territory in which the action is commenced have created rights and provided for their enforcement, there is a modification to the extent that federal courts will enforce and administer such rights, either at law or in equity or in admiralty, as the nature of the new rights may require. Cowley v. Railroad Co., 159 U.S. 569 , 16 S.Ct. 127 , 40 L.Ed. 263 ; Darragh v. H. Wetter Mfg. Co., 78 F. 7 , 23 C.C.A. 609 .

By section 833, Compiled Laws of Alaska, it is provided that the distinction between actions at law and suits in equity, and the forms of all such actions and suits, are abolished, and there shall be but one…