BILL
A Law Dictionary · 1910 · p. 7
In English practice. A bill in equity, filed by one or more creditors, for an account of the a ets of a decedent, and a legal settlement and distribution of his estate among themselves and such other creditors as may come in under the decree. In Am.eric an practice. A proceeding to enforce the security of a judgment creditor against the property or interests of his debtor. This action proceeds upon the theory that the judgment is in the nature of a lien, such as may be enforced in equity. Hudson v. Wood (C. 0.) 119 Fed. 775; Fink v. Patters on (C. C.) 21 Fed. 602: Gould v. Torrance, 19 How. Prac. (N. Y.) 560; McCartney v. Bostwick, 32 N. Y. 57. A creditors' b111, strictly, is a b111 by which a creditor seeks to satisfy his debt out of some equitable estate of the defendant, which ls not liable to levy and sale under an execution at law. But there is another sort. of a creditors' bill, very nearly allied to the former, by means of which a party seeks to remove a fraudulent conveyance out of the way of his execution. But a naked b111 to set aside a fraudulent deed, which seeks no discovery of any property, chose in action, or other thing alleged to belong to the defendant, and which ought to be subjected to the payment of the judgment, Is not a creditors' bill. Newman v. Willetts, 52 IlL 98. • Oredltorum appel lati one non Id tantum aeoipluntur qul peoumam oreclicl\1'- -t, ■ed. omne■ qulbu■ ez qualibet oauaa debet:ur. -Under the head of "creditors" are L included. not alone those who hllve lent mon- [s. 304]
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