is impracticable to bring them all before the court in this action; wherefore, plaintiff sues for the benefit of all. 2. [Set forth cause of action affecting all parties for whose benefit the action is brought.] [Concluding part.] FORM No. 957-Against debtor, to reach demands due him from third parties, and for appointment of receiver. in this state, the plaintiff court in and for the county of recovered a judgment, which was duly given, made, and rendered by said court against the defendant for $ 2. That on said day said judgment was the clerk of said county, and on the transcript thereof was filed, and the said judgment was docketed in the clerk's office of the county of day of docketed in the office of day of 19 a in this state. 19 an execution in due form 3. That on the was issued upon the said judgment against the personal and real property of the defendant, to the sheriff of said county of in which county the defendant then resided. 4. That the said execution has been duly returned by said sheriff wholly unsatisfied. 5. That prior to the commencement of the action in which the said judgment was obtained, and after the indebtedness upon which said judgment was obtained had accrued, the defendant was, and for several years previous thereto had been, engaged in mercantile business at and, as the plaintiff is informed and believes, various persons became indebted to him in a large amount; that the defendant had, at the time of the commencement of this action, moneys due to him to a large amount, to wit, to an amount not less, as the plaintiff is informed and believes, than $ a considerable portion of which is evidenced by charges on his books of account, which the said defendant refuses to produce or allow to be examined by or on behalf of the plaintiff; that the plaintiff therefore does not know, and is unable to specify, the particular items or amount of said indebtedness, or the names of the several persons from whom the same are due; but is informed and believes that several of such persons, owing defendant in the aggregate a sum not less than and are solvent and able to pay the $ reside at respective demands against them. Wherefore, the plaintiff prays: (a) That the defendant be adjudged to apply to the payment of said judgment and interest thereon, together with the costs of this action, said property, debts, choses in action, and equitable interests belonging to him, or held in trust for him, or in which he is in any way or manner beneficially interested. (b) That he be enjoined from selling, transferring, or interfering with said property, debts, things in action, and equitable interests. (c) That he be prohibited from making an assignment, or confessing any judgment, to enable other creditors or persons to obtain a preference over the plaintiff, or to take any portion of the defendant's property. (d) That a receiver be appointed of all said property, equitable interests, things in action, and effects of defendant, and that the defendant be directed to execute to him an assignment thereof, and that said receiver sell or otherwise dispose of the same, and convert the same into money as soon as may be, and apply so much of the proceeds thereof as may be necessary for that purpose to the payment of the indebtedness upon said judgment, with interest and costs of this action. A. B., Attorney for plaintiff. [Verification.] FORM No. 958—Against judgment debtor and his assignee, to set aside fictitious assignment made to delay and defraud creditors. [Title of court and cause.] [Introductory part.] 1-4. [As in form No. 957.] 5. That after the contracting of the debt on which the aforesaid judgment was recovered, the said Y. Z. [judgment debtor] executed and delivered to the defendant W. X. an assignment of all his property in trust for the payment of his debts [of which copy is hereto annexed, marked "Exhibit A" (or "Schedule A")] and made a part of this complaint [or petition], to which assignment the said W. X. assented in writing, which assent was embraced therein [or endorsed thereon]. 6. [Aver recordation of such assignment, if the same included real property, or if, as to any other property, the law requires recording.] 7. That the said W. X. accepted said trust, and has collected a large sum of money and other property from the assets so assigned, amounting in all to the sum of more than $ 8. That the said assignment was made by the said Y. Z. with the intent to hinder, delay, and defraud his creditors; that it was not accompanied by an immediate and continued change of possession of the property; that since the same was executed and delivered, and up to the present time, the said property has remained in the actual possession and under the control of said Y. Z., who has retained possession and control thereof under the false and fraudulent pretense that he is the agent of said W. X. 9. That the pretended indebtedness set forth in said assignment as due from said Y. Z. to the defendant L. M. [preferred creditor], is fictitious; that in fact no such indebtedness exists, but that the same is therein inserted for the purpose of enabling said Y. Z. to distribute the proceeds of the goods passed under the assignment among his friends, and thereby to keep possession and control thereof himself. 10. That the defendant Y. Z. has not any other property than that embraced in the assignment aforesaid, out of which the said judgment could be satisfied in whole or in part; that unless the said property can be reached and applied to the payment of said judg ment, the same must remain wholly unpaid. [Concluding part.] FORM No. 959-To set aside fraudulent conveyance of real estate made by judgment debtor. [Title of court and cause.] Plaintiff complains of defendant, and for cause of action alleges: the county of in favor of the plaintiff and against the defend; that said judgment ant [naming the judgment debtor], for $ was duly entered and docketed by the clerk of said court on the same day. [That a certified transcript of said docket of said judg ment was thereafter, to wit, on the day of 19, filed for record and recorded in the office of the county recorder of the county of in this state.] 2. That thereafter an execution was issued to enforce said judgment, dated and issued on the to day of 19, delivered said county being the residence of the said defendant debtor at the time of the rendition of said judgment. [Aver issuance of execution to the sheriff of any other county.] 3. That before this action was commenced, said execution was [or executions were] duly returned to said court wholly unsatisfied, and said judgment is now, and during all times herein has been, wholly unpaid and unsatisfied. 4. That on or about the day of, 19 and prior to the entry of said judgment, but after the indebtedness upon which said judgment was rendered had been incurred, the defendant [judgment debtor], for the purpose of defrauding the plaintiff, and to prevent him from collecting the indebtedness, conveyed to the defendant [transferee], certain real estate of said defendant [judgment debtor], and situate in said county of in this state, and described as follows, to wit: [Here describe]; that said real estate was not then, and never since has been, exempt from execution; that defendant [transferee] knew of said indebtedness of defendant [judgment debtor] to plaintiff, and received said conveyance so made with the intent and purpose of defrauding the plaintiff, and with the intent and purpose of preventing the plaintiff from collecting said indebtedness and the aforesaid judgment, or any judgment that might be rendered therein. 5. That there was no consideration for said conveyance of said real estate [if there was a pretended or merely nominal consideration, so state, and allege facts showing the same to have been such, and fraudulent]; that the defendant [judgment debtor] had, after he made said conveyance, no property standing in his name, or any other property, out of which the said judgment of plaintiff could be satisfied in whole or in part. Wherefore, plaintiff prays judgment against the defendants: That defendant [transferee] be required to deliver up said conveyance of said real estate, and that the same be canceled and declared void, and the record thereof of no effect as against the plaintiff herein; that said defendants, and each of them, be enjoined from disposing of, transferring, or encumbering said real estate; that an alias execution be issued out of this court directed to the sheriff of said county of , empowering and commanding him to sell said real estate to satisfy said judgment, or so much thereof as may be necessary to satisfy the same; and for such other or further relief as the court may deem just and equitable, and for costs of suit. A. B., Attorney for plaintiff. [Verification.] FORM No. 960—Against judgment debtor, to set aside fraudulent judgment and sale. [Title of court and cause.] [Introductory part.] 1-4. [As in form No. 957.] 5. That prior to the entry of the said judgment, but after the indebtedness upon which the aforesaid judgment was rendered had accrued, the defendant Y. Z. authorized a judgment to be entered, on confession, in the court, against him, in favor of the defendant W. X., for the sum of $ , damages and costs, for a pretended debt of that amount, for money alleged to have been previously lent and advanced by said W. X. to the said Y. Z. 6. [Here allege the facts as to execution and sheriff's sale under said judgment.] That no deed or conveyance has yet been executed by said sheriff, the time for such conveyance not yet having arrived. 7. That the said last-mentioned judgment was fraudulently confessed by the said Y. Z. to the said W. X., and for the purpose of covering up his said property and defrauding the plaintiff in the collection of his said debt and demand; that said Y. Z. was not indebted to the said W. X. in said sum of $ for which said judgment was so confessed, or in any other sum, but said judgment was confessed without any consideration, and the sale of the said property made with the full knowledge and concurrence of the defendant W. X., with the intention and design of cheating and defrauding this plaintiff out of his said debt and demand, and of transferring the ostensible ownership and possession of the property of said Y. Z. liable to execution to the defendant W. X., so as to prevent this plaintiff, or any other creditor, from levying upon and Jury's Pl.-101. |
