Adler v. Aaron - 65 U.S. 407 (1860)
U.S. Supreme Court
Adler v. Aaron, 65 U.S. 24 How. 407 407 (1860)
Adler v. Aaron
65 U.S. (24 How.) 407
Where a creditor, whose debt was not yet due at the time of bringing the action,
brought a suit against his debtors and two other persons, for a conspiracy to enable the debtors to dispose of their property fraudulently so as to hinder and defeat the creditors in the collection of their lawful demands, the action will not lie.
The debtors were the lawful owners of the property at the time the suit was commenced. They had the legal right to use and enjoy it to the exclusion of others, and no one had any right to interfere with their use or disposition; none unless there be a right conferred by the law upon a creditor to prevent the accomplishment of fraud by his debtor, and to pursue him, and others assisting him, for a revocation of acts done to hinder, delay, or defraud him, in the collection of his demands.
The authorities examined to show that this cannot be done.
In this case, the creditor, by suing and levying an attachment upon the property of the debtor for such parts of the debt as had then become due, had waived the alleged fraud in the contract of sale and confirmed the sale.
The facts are stated in the opinion of the Court.