# Friedling v. Freedman

> Court of Appeals for the D.C. Circuit · November 29, 1915 · 44 App. D.C. 191

URL: https://www.frixlaw.com/law-library/cases/7278458

## Case

- **Full name:** FRIEDLING v. FREEDMAN
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** November 29, 1915
- **Citations:** 44 App. D.C. 191; 1915 U.S. App. LEXIS 2701
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Orsdel
- **Judges:** Orsdel
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7278458

## Opinion text

Mr. Justice Van Orsdel
delivered tbe opinion of tbe Court:
This is not a creditor’s bill to subject tbe property of an absconding debtor to tbe satisfaction of an alleged indebtedness, as in Droop v. Ridenour, 9 App. D. C. 95, tbe case relied *193 upon by counsel for appellant. It is an attempt by tbe plaintiff in a pending action in tort for damages to restrain the defendant from selling or disposing of his real estate. A court of equity is without jurisdiction to enjoin such a conveyance by a possible debtor to await the future possibility of a judgment in favor of a creditor whose status, as such, depends upon the outcome of a pending suit. Before such equitable relief in an independent action can be invoked, there must be an existing judgment at law or a fixed and definite claim, which either is or can be made a lien upon the specific property. Griffin v. Nitcher, 57 Me. 270 ; Brown v. Long, 36 N. C. (1 Ired. Eq.) 190 , 36 Am. Dec. 43 ; Board of Public Works v. Columbia College, 17 Wall. 521 , 21 L. ed. 687.
The rule is elementary that a creditor cannot assail as fraudulent' an assignment or transfer of property by a debtor until the debt has been established by a judgment in a court of competent jurisdiction. Scott v. Neely, 140 U. S. 106 , 35 L. ed. 358, 11 Sup. Ct. Rep. 712; Cates v. Allen, 149 U. S. 451 , 37 L. ed. 804, 13 Sup. Ct. Rep. 883, 977. Much less will the mere probability of such a conveyance by an undetermined debtor sustain an action on the complaint of a possible creditor. The decree is affirmed, with costs. Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7278458. Public record. Not legal advice.