44-1041. Right of assignee to property
fraudulently conveyed by assignor; action by assignee or creditor
to recover property fraudulently conveyed; non-recovery from bona
fide purchaser
All property conveyed or transferred by the assignor previous to and in
contemplation of the assignment with the intent or design to defeat, delay or defraud
creditors, or to give preference to one creditor over another, shall pass to the assignee
by the assignment notwithstanding the transfer. The assignee, or in case of his neglect
or refusal any creditor may, upon securing the assignee against cost or liability, in the
name of the assignee, sue for, recover, collect and cause such property to be applied for
the benefit of creditors as other property belonging to the debtor's estate in the hands
of the assignee. If it appears in such action that the purchaser of such property bought
it from the assignor in good faith for a valuable consideration and without reason to
believe that the debtor was conveying or transferring the property with intent or design
as set forth in this section, the purchaser shall be held to have acquired, as against
the assignee and creditors, a good and valid title to the property.
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