Boulden v. Lanahan

Alvey, J., delivered the opinion of the court. We think the pleas interposed to the bills in these cases, allege sufficient matter to bar the relief sought to be obtained. *The Bank of Commerce filed its bill on the £2th of June, 1862, after the rendition of the two judgments, the one of $50,000, and the other of $75.000, in favor of Lanahan, and before Richard France conveyed the equity of redemption in the property now sought to be relieved of the incumbrance of these judgments. Richard France, the judgment debtor, and party under whom the complainant claims and holds his title, was a party defendant to the proceedings instituted by the Bank, and was required to-answer and make discovery in reference to these very judgments; and the complainant and defend ²¹⁰ ants to the present proceedings were also parties to. the suit of the Bank. The decree in that proceeding was entered on the 1st of October, 1862, and a month, thereafter Richard France conveyed his equity of .redemption in his real estate to William C. France, who, on the 19th of January, 1863, conveyed the same to the complainant.

The Bank of Commerce was a judgment creditor of France, and its bill was filed for discovery from the defendants, as to the extent and character of the claims existing against France, and to be relieved, by the application of the estate of the debtor to the payment of his debts, in due order of priority. The judgments now in question were admitted by France to be then due and owing by him, and their validity was asserted, and they were, in all respects, recognized and treated in that proceeding as .valid and subsisting incumbrances on the estate of the debtor. Property was decreed to be sold for the payment of these and other claims, after what was supposed to be a full and satisfactory ascertainment of their legal' and equitable existence and operation,, and the proceeds of sale were distributed to them according to their legal priority. The fullest and most ample opportunity was, therefore, afforded to both France and the complainant, in the present proceeding, to contest these judgments, and to defeat them, if there existed sufficient ground upon which it could have been done.

This opportunity, however, was not availed of, and the proceedings were allowed to take place upon the assumption that the judgments *were in all respects valid, and free from the .imputation that is now made against them. After these