Legal Opinion

Thysell v. McDonald

Supreme Court of Minnesota

Decided November 17, 1916No. Nos. 19,860—(27)PublishedCited by 23 opinions

Action in tbe district court for Clay county by the administrator of the estate of Henry McDonald, deceased, to set aside a certain deed on the ground that it was a fraudulent conveyance as to the creditors of decedent. The case was tried before Roeser, J., who made findings, incorporating in them the negative answer of the jury to the question mentioned in the first paragraph of the opinion, and ordered judgment in favor of defendants.

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Action in tbe district court for Clay county by the administrator of the estate of Henry McDonald, deceased, to set aside a certain deed on the ground that it was a fraudulent conveyance as to the creditors of decedent. The case was tried before Roeser, J., who made findings, incorporating in them the negative answer of the jury to the question mentioned in the first paragraph of the opinion, and ordered judgment in favor of defendants. From an order denying his motion for amended findings, conclusions of law and order for judgment or for a new trial, plaintiff appealed.

1Opinion of the Court

Taylor, C.

The decedent owned a farm of 160 acres in Clay county upon which he resided with his wife and son, and 80 acres of which was his homestead. The son, the defendant Henry T. McDonald, remained upon the farm and worked for his parents for some 12 years after he became of age. The parents then conveyed the farm to him, reserving to themselves for life the use of certain rooms in the dwelling house, and of certain parts of the barn and granary. The son assumed a mortgage of $1,600 upon the farm, and his claim for wages for his services during the preceding 12 years constituted the…

2Cases cited15 opinions

  1. Ferguson v. KumlerSupreme Court of Minnesota · 1880
  2. Wetherill v. CanneySupreme Court of Minnesota · 1895
  3. Beneke v. Estate of BenekeSupreme Court of Minnesota · 1912
  4. Underleak v. ScottSupreme Court of Minnesota · 1912
  5. Keith v. AlbrechtSupreme Court of Minnesota · 1903

10 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. O'BRIEN v. JohnsonSupreme Court of Minnesota · 1967
  2. Klessig v. LeaSupreme Court of Minnesota · 1922
  3. In re Petters Co.United States Bankruptcy Court, D. Minnesota · 2013
  4. Northwest Holding Co. v. EvansonSupreme Court of Minnesota · 1963
  5. Sisco v. PaulsonSupreme Court of Minnesota · 1950

18 more not listed; retrieve them via the Exa API.

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