Opinion
02-25-1886
CUBBERLY v. YAGER.
W. Clark, for the motion. A. S. Appleget, contra.
On motion to dismiss bill under the rules.
W. Clark, for the motion.
A. S. Appleget, contra.
BIRD, V. C. The bill shows a decree of this court directing the defendant to pay certain moneys, and that he has failed to pay them. Itshows that an execution was issued which has been returned unsatisfied. It shows, also, that, at the time of the liability of defendant, he had the title to the lands to reach which this bill is filed, and that he afterwards conveyed them fraudulently. The defendant says that the bill shows no equity. I think that the above few lines show this case to be within the case of Bigdow Blue Stone Co. v. Magee, 27 N. J. Eq. 392, and the cases there cited. If I am right in this, the motion must be denied, with costs. I shall so advise.