Injunctive relief to protect rights in endangered fund.

- Judgment creditor was granted injunction and receiver in state court when only fund out of which the creditor could get the creditor's rights was in danger. Merchants' & Planters' Nat'l Bank v. Trustees of Masonic Hall, 63 Ga. 549 (1879).

Action by corporate creditor to hold one liable as trustee ex maleficio.

- Petition in equity against corporation and individual states cause of action when it is alleged that the plaintiff is the creditor of a now insolvent corporation, and that the individual has converted to the individual's own use assets of the corporation in excess of the amount of the plaintiff's claim, leaving no other assets sufficient in amount with which to pay the corporate debt, and which suit seeks to hold liable individual as trustee ex maleficio. Turner v. Tyson, 211 Ga. 53, 84 S.E.2d 86 (1954).

Creditor can reach beneficiary's interest in trust unless exempt.

- Creditors can bring a bill in equity to reach interest of beneficiary under a trust unless beneficiary's interest is exempt by terms of trust or by statute. The creditor must exhaust legal remedies before proceeding in equity, but this requirement does not apply if it appears that an attempt to exhaust legal remedies would be futile. Henderson v. Collins, 245 Ga. 776, 267 S.E.2d 202 (1980).

Irrevocable trust.

- Trust income from husband's irrevocable trust was subject to the wife's claims to the same extent any income of a spouse would be subject to the claims of the other spouse for alimony and distribution of property. Speed v. Speed, 263 Ga. 166, 430 S.E.2d 348 (1993).

Equity available in satisfaction of alimony debt.

- Willful failure to provide for maintenance and support of spouse and children creates lawful demand which, when legally enforced, is called alimony, and is a debtor/creditor relation. Thus, the wife was a creditor at the time of the conveyances which are alleged to have been made to defeat her claim for alimony, although no alimony judgment had been rendered at the time and it would be inequitable and unjust not to allow her to maintain an action for judgment in rem against the husband's property when she was unable to obtain personal service due to the husband's willful avoidance of service. Carter v. Bush, 216 Ga. 429, 116 S.E.2d 568 (1960).

Judgment creditor's right to appointment of receiver when prior judgment creditor holds deed to secure debt.

- When debt secured by deed to secure debt was interest bearing and not due, and redemption under former Code 1933, §§ 39-201 and 39-202 (see now O.C.G.A. § 9-13-60) would cause the judgment creditor to lose substantial sum approximating an amount of unearned interest, the debtor having no other property from which to satisfy the judgment, the subsequent judgment creditor may proceed in equity for an appointment of the receiver for purpose of selling property subject to principal of debt and accrued interest. Cook v. Securities Inv. Co., 184 Ga. 544, 192 S.E. 179 (1937).

Availability of cash surrender or loan value of life insurance.

- Cash surrender and cash loan value of policy of life insurance accruing at end of specified tontine period is not subject to garnishment by creditors of insured; nor will such value be made available to judgment creditor of insured by court of equity in proceedings instituted for purpose of obtaining equitable relief analogous to process of garnishment at law. F & M Bank v. National Life Ins. Co., 161 Ga. 793, 131 S.E. 902, 44 A.L.R. 1184 (1926).

Cited in Turnipseed v. Schaefer, 76 Ga. 109, 20 Am. St. R. 15 (1886); Taylor Lumber Co. v. Clark Lumber Co., 33 Ga. App. 815, 127 S.E. 905 (1925); Howard v. Pate, 218 Ga. 741, 130 S.E.2d 752 (1963); Banks v. Employees Loan & Thrift Corp., 112 Ga. App. 38, 143 S.E.2d 787 (1965); Chatham County Hosp. Auth. v. Barnes, 226 Ga. 508, 175 S.E.2d 854 (1970).

Reaching distributive share of estate to which insolvent debtor is entitled.

- Court of equity will aid judgment creditor who has pursued the creditor's legal remedies to every available extent, to reach distributive share of estate to which insolvent debtor is entitled in debtor's own right, in hands of administrator held in trust for such judgment debtor. Dukes v. Cairo Banking Co., 220 Ga. 507, 140 S.E.2d 182 (1964).

Devisee of vested remainder entitled to equitable interference in suit by creditors.

- To refuse equitable interference by appointment of receiver for devisee's interest in vested remainder, in suit by creditors against executor would "jeopard the collections" of debts, within meaning of former Civil Code 1910, § 3217. Bank of Statesboro v. Waters, 165 Ga. 848, 142 S.E. 156 (1928).

Equitable procedure for reaching assets after exhaustion of legal remedies.

- Generally, if creditor exhausts the creditor's legal remedies against estate so as to entitle oneself to reach assets through court of equity, the creditor should obtain judgment and fieri facias which can be levied on goods of testator or intestate, and procure a return of nulla bona. Lemon v. Thaxton, 59 Ga. 706 (1877).

Effect of contingent interest of legatee.

- When under will only bare contingency or possibility rather than present right or interest, legal or equitable, devolved upon "ultimate" legatee upon probate, judgment creditor of latter was not entitled to appointment of a receiver to sell interest of legatee and apply proceeds thereof to satisfaction of judgment. Yancy v. Grafton, 197 Ga. 117, 27 S.E.2d 857 (1943).

Statutory provisions for spouse's one year support (see now O.C.G.A. § 53-5-2) may not be used to defraud judgment creditors of widow's debtor son by attempting to assign as year's support the son's share of the estate, when this amount was far above the widow's legitimate needs for one year. Dukes v. Cairo Banking Co., 220 Ga. 507, 140 S.E.2d 182 (1964).

C.J.S.

- 37 C.J.S., Fraudulent Conveyances, § 167.

ALR.

- Creditor's knowledge that stock is unpaid as affecting stockholders' liability, 7 A.L.R. 972; 69 A.L.R. 881.

Valuation of notes and accounts receivable in determining question of insolvency or bankruptcy, 133 A.L.R. 1274.

Jurisdiction, and propriety of its exercise, to require real property in another state or country to be applied in satisfaction of debt (including the setting aside of a fraudulent conveyance thereof), 144 A.L.R. 646.

Right of creditors of life insured as to options or other benefits available to him during his lifetime, 37 A.L.R.2d 268.