Merrill v. Security Trust Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Lewis, J., overruling its demurrer to the complaint- The insolvency law contains no provision saving the wife’s right, but provides that the debtor may make an assignment of all his unexempt property for the benefit of his creditors. G. S. 1894, § 4240. By “unexempt” is meant property not exempted from sale on execution by the provisions of the statutes fixing exemptions.
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Appeal by defendant from an order of the district court for Ramsey county, Lewis, J., overruling its demurrer to the complaint- The insolvency law contains no provision saving the wife’s right, but provides that the debtor may make an assignment of all his unexempt property for the benefit of his creditors. G. S. 1894, § 4240. By “unexempt” is meant property not exempted from sale on execution by the provisions of the statutes fixing exemptions. These statutes do not refer to the wife’s right. The term “all his property” includes the entire interest in the property and does not exclude the…
1Opinion of the CourtMitchell, J.
In 1893 D. D. Merrill (a married man), being insolvent, executed to the defendant pursuant to the insolvent law of 1881 (G. S. 1894, §§ 4240-4252) an assignment of-all his nonexempt property for the benefit of his creditors. Included in the assigned property was a large amount of real estate, which the defendant still holds for the purposes of the trust. Mrs. Merrill did not join with her husband in the execution of the assignment. Merrill died in 1896, and the plaintiff, his widow, brings this action against the defendant for a partition of the real estate, claiming, that, under the statute,…
2Cases cited2 opinions
- Dayton v. CorserSupreme Court of Minnesota · 1892
- Goodwin v. KummSupreme Court of Minnesota · 1890
3Cited by1 opinion
- Griswold v. McGeeSupreme Court of Minnesota · 1907