85-1-13 - Creditor's cross-petition to set aside assignment; rights of successful creditor.
§ 85-1-13. Creditor's cross-petition to set aside assignment; rights of successful creditor.
The creditor filing a cross-petition, if he succeed in establishing that the assignment ought not to be enforced, shall have priority over all other creditors in the distribution of the proceeds of the property in the assignee's hands, and a lien, from the filing of his cross-petition, on other property he may seek to have subjected to his debt; and in aid of such lien, a writ of sequestration, injunction, or other remedial process may issue.
Sources: Codes, 1892, § 121; 1906, § 124; Hemingway's 1917, § 111; 1930, § 114; 1942, § 302.