Page:Federal Reporter, 1st Series, Volume 3.djvu/143

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136 FEDERAL REPORTER. �therefore the liens of said judgments could not affect or in- clude them. �The Oregon Civil Code, § 266, provides that "from the date of the docketing of a judgment • # » g^jcii judg- ment shall be a lien upon ail the real property of the defendant within the county or counties where the same is docketed, or which he may afterwarda acquire therein, during the time an execution may issue thereon." By sections 273, 279, itis furth«r prôvided that an execution against property may be levied upon "the real property belonging to him (the judg- ment debtor) on the day when the judgment was docketed in the county, or at any time thereafter;" and "ail property or right or interest therein of the judgment debtor," not speeially exempted, "shall be liable to an execution," �Section 51 of chapter 6, relating to conveyances, ■which ia substantially a copy of chapter 5 of 13 Elizabeth, provides, among other things, that every conveyance of any estate in lands, "made veith the intent to hinder, delay or defraud creditors of their lawful * * * demanda, * * * as against the person so hindered, delayed or defrauded, shall be void." Gen. Laws, 523. �To show that a judgment is a lien upon land previously eon- veyed in fraud of creditors counsel cite Bump on Fraud. Con. 465; Pratt v. Wheeler, 6 Gray, 520-522; Scullij y.Kearns, 14 La. An. 439; Eastman v. Schettler, 13 Wis. 362; Jacohy'.s Appeal, 67 Pa. 434; Manhattan Co. v. Evertson, 6 Paige, c. 465; Smith v. Ingles, 2 Or. 43, �In Pratt v. Wheeler, supra, the point in controversy -was not decided. That case only determines that a deed in fraud of creditors is void as against the attachment of any of such creditors. The deed being void as to creditors, it is merely a question of procedure whether a crediter shall attack it in equity by a bill to set it aside or by process at law, as an at- tachment or execution against the property covered by it. In Massachusetts, the courts did not possess equity jurisdic- tioh until a late date, and the proceeding by attachment or execution to assert the right of a crediter against the prop- erty of a debtor, covered by a fraudulent conveyance, became ����