Any creditor of the assignor who questions the validity of any other creditor’s claim or the trustee if he questions the validity of any claim may file, within thirty days after the recordation of the deed a petition against the creditor whose claim is questioned in the court which would have jurisdiction if the suit was brought by the creditor whose claim is questioned against the assignor, and the burden of proof shall be upon the creditor whose claim is questioned. Upon the filing of such petition the court, or the judge of such court in vacation, may order the party whose claim is questioned to appear at such time as it thinks right and proper to defend such claim and the court shall determine the matter in a summary way.

History

1924, p. 658; Michie Code 1942, § 5278c.