Page:Federal Reporter, 1st Series, Volume 3.djvu/144

 TK EB ESTES. 137 �and is common. But whether the mere lien of a judgment which resulta from the docketing of the same can be used or have the effect of process, by means of which a crediter can assert his right against a fraudaient convejance, is another and very different question. �AU this and more may be said of the case of Scully v. Kearns, supra. This was a case of a "simulated" or sham sale of Personal property in fraud of creditors, and the court only held that the judgment crediter of the pretended vendor was not bound to proceed specially to have the sale set aside, but might treat it as so far void and levy upon the property as that of the judgment debtor. �Eastman v. Schettler, supra, does not contain a dictum to the effect that a judgment obtained against a debtor who bas already conveyed his property in fraud of his creditors is, notwithstanding such conveyance, a lien thereon ; but the only point decided in the case was that the purchaser of such property at a sale upon such judgment succeeded to the right of the judgment creditor, and might therefore assail such conveyance in the same manner as such creditor. �In Jacoby's Appeal, supra, there was a contest between two judgment creditors for the proceeds of property sold upon the process of the junior of them, the same having been conveyed prior to the judgments by the judgment debtor in fraud of his creditors. The court, upon the authority of Hoffman's Appeal, 8 Wright, 95, in which it was said that it was "the estate of the debtor which was sold at the sheriff's sale, and therefore the liens upon it which attached after the fraudu- lent grant must be paid in their order," gave the proceeds to the prior judgment creditor. �In Manhattan Go. v. Evertson, supra, it was held that as between the mortgagee in a mortgage to secure a previous^ debt, executed by the grantee in a fraudulent conveyance, and the judgment creditors of the grantor in such conveyance, the lien of the latter should prevail. The citation from Bump- on Fraud. Con. is fuUy to the effect that in such casos, in •contemplation of law, the title remains in the debtor, and that judgments against him beeome liens upon such property ����