Louder v. Hunter
South Dakota Supreme Court
Appeal from Circuit 'Court, Jerauld County. Hon. Frank B. Smith, Judge. Action by A. N. Louder, against E. E. Hunter to recover from defendant the amount of an unpaid. -balance upon plaintiffs judgment, after' an execution sale of the realty in question pursuant to a decree setting aside the conveyance of an interest therein as fraudulent. From an order sustaining a demurrer to defendant’s answer plaintiff appeals.
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Appeal from Circuit 'Court, Jerauld County. Hon. Frank B. Smith, Judge. Action by A. N. Louder, against E. E. Hunter to recover from defendant the amount of an unpaid. -balance upon plaintiffs judgment, after' an execution sale of the realty in question pursuant to a decree setting aside the conveyance of an interest therein as fraudulent. From an order sustaining a demurrer to defendant’s answer plaintiff appeals. (i) To point one of the- opinion, Appellant cited: 22 Cyc. 1174, Sec. 5. . Respondent cited: Moore on Fraudulent Conveyances, Vo-1. 2, pp. 680-681; Sheldon v. Parker et al. (Ndb.)…
1Opinion of the CourtSmith, J.
Appeal from an order sustaining a demurrer to defendant’s answer. The complaint alleges, in substance, that one Leon S. Miles was the owner of certain lots in the city of Wessington Springs; that he conveyed said lots to the defendant, Hunter, with intent to cheat and defraud his creditors, and particularly the plaintiff; that subsequently plaintiff brought suit against defendant to subject said lots to the payment of a judgment .which plaintiff had theretofore obtained against Miles, in October, 1908, and that in the equity suit plaintiff was given a decree canceling said conveyance as…
2Cases cited13 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- McDowell v. McMurriaSupreme Court of Georgia · 1899
- Hamilton National Bank v. HalstedNew York Court of Appeals · 1892
- Duncan, Ford & Elder v. CustardWest Virginia Supreme Court · 1884
- Cottingham v. Greely Barnham Grocery Co.Supreme Court of Alabama · 1900
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