Effect of decree affecting out-of-state property generally.

- Petition charging that defendant husband was seeking to place his property where it could not be reached by his wife (his judgment creditor) presented a situation where upon proof a court of equity could grant prayers for setting aside alleged fraudulent conveyance and transfer to out-of-state resident, as well as alleged fraudulent claims of lien for attorneys' fees, and for appointment of a receiver to take charge of defendant's assets and under the direction of the court sell enough to pay the petitioner the amount now due under her two judgments. Peoples Loan Co. v. Allen, 199 Ga. 537, 34 S.E.2d 811 (1945).

Petition brought against a judgment debtor and other defendants, alleging that they entered into a conspiracy in bad faith to hinder, delay, or defraud the petitioner in the collection of her two judgments, and that in pursuance of such conspiracy various properties of the judgment debtor were secreted and fraudulent conveyances were made, with the result that the property of the judgment debtor in this state not so concealed or conveyed was insufficient to discharge the amount due under the two judgments, and seeking to set aside such fraudulent conveyances and the appointment of a receiver and other relief, stated a cause of action against the four defendants. Peoples Loan Co. v. Allen, 199 Ga. 537, 34 S.E.2d 811 (1945).

When a case is a proper one in other respects for equitable relief independent of statute, an obligation can be enforced wherever defendant is personally within the jurisdiction of the court, although land lying in another state may be affected by the decree and in such cases the court does not act upon the land, or make any order in reference to it; it simply declares a certain transaction relating to the land fraudulent, as between the complainant and the offending parties, and thus removes it as an obstruction to the creditor's legal remedy. Dodd v. Bell, 180 Ga. 313, 178 S.E. 663 (1935).

When a court of equity has jurisdiction of the person of a defendant, it may decree the specific performance of a contract for the conveyance of land situated in a foreign state or country, and also restrain a defendant by injunction in certain specified cases, by acting upon the person of the defendant within its jurisdiction. Dodd v. Bell, 180 Ga. 313, 178 S.E. 663 (1935).

Cited in Georgia S. & F.R.R. v. Mercantile Trust & Deposit Co., 94 Ga. 306, 21 S.E. 701, 47 Am. St. R. 153, 32 L.R.A. 208 (1894).

ALR.

- Decree in suit by judgment creditor to set aside conveyance in fraud of creditors as bar to another suit for same purpose in respect of another conveyance, 108 A.L.R. 699.

Consent decree as affecting title to real estate in another state, 2 A.L.R.2d 1188.

Jurisdiction of suit involving trust as affected by location of res, residence of parties to trust, service, and appearance, 15 A.L.R.2d 610.