CREDITORS' RIGHTS IN EQUITY

Authors

Abstract

There is a great deal of confusion in the decided cases as to the jurisdiction of equity to protect creditors. Historically we must separate the jurisdiction of equity over decedents' estates. According to Langdell, a creditor's bill is a bill filed by a creditor of a deceased debtor, against the personal or real representative, or against the personal and real representatives, of the latter to compel the payment of a debt. When an execution upon a judgment has been returned unsatisfied, and the judgment creditor files a bill in equity to obtain satisfaction of the judgment out of assets belonging to the judgment debtor which cannot be taken upon the execution, such bill should be differentiated from the one described above, by calling the latter a judgment creditor's bill.

Recommended Citation

CREDITORS' RIGHTS IN EQUITY, 29 Mich. L. Rev. 1057 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss8/8