Smith v. Conkwright
Supreme Court of Minnesota
Appeal by defendants from a judgment of the district court for the county of Waseca, Buckham, J., presiding, in an action to have certain conveyances by defendants declared void as against creditors. The actual intent to hinder and delay creditors must be found as a fact. Murray v. Cason, IS Mo. 378; Vose v. Stickney, 19 Minn. 367. Whether intent to prevent forced sale and sacrifice is such intent depends on the circumstances and other facts found.
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Appeal by defendants from a judgment of the district court for the county of Waseca, Buckham, J., presiding, in an action to have certain conveyances by defendants declared void as against creditors. The actual intent to hinder and delay creditors must be found as a fact. Murray v. Cason, IS Mo. 378; Vose v. Stickney, 19 Minn. 367. Whether intent to prevent forced sale and sacrifice is such intent depends on the circumstances and other facts found. Burrill on Assignments, § 336; Bump on Fraud. Con. 358; Bu/rt v. MeKinstry, 4 Minn. 149, (204;) Gere v. Murray, 6 Minn. 213, (305.) A preference…
1Opinion of the Court
Clark, J.*
This action was brought to set aside a deed of conveyance of real estate from the defendant William T. Conkwright to the defendant William Conkwright, delivered on the 27th day of August, 1875, as fraudulent and void as against the creditors of the former, and especially as against the plaintiff, and to remove the cloud cast upon the title of said real estate by such deed, in aid of the plaintiff’s execution.
The debt which the plaintiff seeks to enforce out of the property originated on the first day of April, 1875; and on the seventh day of August, 1877, the plaintiff commenced an…
2Cited by8 opinions
- Roberts v. FriedellSupreme Court of Minnesota · 1944
- First National Bank of Stevens Point v. KnowlesWisconsin Supreme Court · 1886
- Newell v. WagnessNorth Dakota Supreme Court · 1890
- Peters Shoe Co. v. ArnoldMissouri Court of Appeals · 1899
- Barber v. WildsCourt of Appeals for the D.C. Circuit · 1909
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