Allen v. McRae
Wisconsin Supreme Court
Appeal from an order of the circuit court for Chippewa county: E. D. Mabshall, Circuit Judge. This action was brought under sec. 8835, E. S., to reach and subject to sale certain real estate described in the complaint, to the payment of the plaintiff and others, creditors, of Hiram S. Allen, deceased; and it is alleged in substance that, being wholly insolvent and indebted to the plaintiff and others, the said H. S. Allen, on June 5, .1883, purchased from certain parties…
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Appeal from an order of the circuit court for Chippewa county: E. D. Mabshall, Circuit Judge. This action was brought under sec. 8835, E. S., to reach and subject to sale certain real estate described in the complaint, to the payment of the plaintiff and others, creditors, of Hiram S. Allen, deceased; and it is alleged in substance that, being wholly insolvent and indebted to the plaintiff and others, the said H. S. Allen, on June 5, .1883, purchased from certain parties therein named certain real estate specified in Chippewa county, and paid and advanced the entire consideration and purchase…
1Opinion of the Court
' PiNNBT, JV
Under the statute of uses .and trusts'(seo¡ 2077, R. S.) no use or trust resulted in favor of H. S. Allen in respect to the land purchased and paid for by him, the title to which he had caused to be conveyed to the defendant Alice G. McRae by the parties from whom he had purchased it, ■ but the title to the land vested in the defendant Alice G. McRae, the grantee. By sec. 2078, such conveyance'is presumptively fraudulent as against the creditors of Allen, and, if the fraudulent intent is not disproved, a, trust results in favor of such creditors to the extent that may be necessary…
2Cases cited7 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Wood v. . RobinsonNew York Court of Appeals · 1860
- Miner v. LaneWisconsin Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dorrington v. JacobsWisconsin Supreme Court · 1934
- State Deptartment of Public Welfare v. LeMereWisconsin Supreme Court · 1963
- State Bank of La Crosse v. BienfangWisconsin Supreme Court · 1907