In what circumstances will a plaintiff be considered a proper party to a conveyance and not a simple contract creditor?
Saskatchewan, Canada
The following excerpt is from Mills v. Harris, 1915 CanLII 223 (SK QB):
In Belcher v. Hudsons & Hudsons Ltd., 1 S.L.R. 474, it was held that the debtors were proper parties, but, in that case, the plaintiff, although he had one judgment against the debtors, was asking for judgment against them in a further claim, as well as to set aside the conveyance; the plaintiff, therefore, so far as that action was concerned, was a simple contract creditor.
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