Page:United States Statutes at Large Volume 76A.djvu/442

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PART 2—PARTICULAR PROCEEDINGS CHAPTliB 51. DECLAKATOBT JUDGMENTS 53. FRAUDULENT CONVETANCES 55. HABEAS CORPUS 57. HOSPITALIZATION OF MENTALLY III 59. PROPERTY ACTIONS 61. WRITS

Sec. 1501 1531 1571 1631 1691 1851

CHAPTER 51—DECLARATORY JUDGMENTS Sec.

1501. Declaratory judgments generally.

§ 1501. Declaratory judgments generally Sections 2201 and 2202 of Title 28, United States Code, apply to declaratory judgments in the district court. The district court has jurisdiction of an action for a declaratory judgment regardless of the amount of the principal sum in controversy.

CHAPTER 53—FRAUDULENT CONVEYANCES Sec. 1531. 1532. 1533. 1534. 1535. 1536. 1537. 1538. 1539.

Action to set aside fraudulent conveyance; undertaking. Conditions of undertaking. Filing and serving undertaking. Objections to sureties and estimated value. Justification of sureties; determination of sufficiency. Determination of estimated value of property. Justification of sureties, Effectiveness of undertaking. Judgment against sureties.

§ 1531. Action to set aside fraudulent conveyance; undertaking Where an action is commenced to set aside a transfer or conveyance of property on the grounds that the transfer or conveyance was made to hinder, delay, or defraud a creditor or creditors, the transferee or grantee to whom it is alleged the property was so transferred or conveyed, or the successors or assigns of the transferee or grantee, may give an undertaking as provided in this chapter, and when the undertaking is given, the transferee or grantee to whom it is alleged the property was so transferred or conveyed, or the successors or assigns of the transferee or grantee, may sell, encumber, transfer, convey, mortgage, pledge, or otherwise dispose of the property, or any part thereof, which is alleged to have been so transferred or conveyed, so that the purchaser, encumbrancer, transferee, mortgagee, grantee, or pledgee of the property, will take, own, hold, and possess the property unaffected by the action or the judgment which may be rendered therein. § 1532. Conditions of undertaking The undertaking, with two sureties, shall be executed by the transferee or grantee to whom it is alleged the property was transferred or conveyed to hinder, delay, or defraud creditors, or the successor or assign of the transferee or grantee, in double the estimated value of the property so alleged to have been transferred or conveyed; except that in no case need the undertaking be for a greater sum than double the amount of the debt or liability alleged to be due and owing to the plaintiflf in the action commenced to set aside the transfer and conveyance. The estimated value of the property shall be stated in the undertaking. The undertaking shall be conditioned that, if it is adjudged in the action that the transfer or conveyance was made to hinder, delay or defraud a creditor or creditors, then that the transferee or grantee or the succcessor or assigns of the transferee or grantee giving the undertaking will pay to the plaintiff in the action a sum equal to the value, as estimated in the undertaking, of the prop-