Smith v. Tosini
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action by plaintiff to have declared a conveyance of real estate to the defendant, Annie Tosini, void as against him as a creditor of the defendant Joseph Tosini and that the said property be declared subject to certain judgment liens. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action by plaintiff to have declared a conveyance of real estate to the defendant, Annie Tosini, void as against him as a creditor of the defendant Joseph Tosini and that the said property be declared subject to certain judgment liens. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. The defendants having answered the complaint with separate, verified answers responsive to the complaint, and denying the allegations of fraud, these denials must be overcome by testimony equivalent to…
1Opinion of the CourtKelt.am, J.
In this action plaintiff sought to have declared a certain conveyance of real estate to Annie Tosini fraudulent and void as against him as a creditor of Joseph Tosini. The complaint alleges, in substance, that he was the owner, by assignment, of two judgments as against defendant Joseph Tosini, upon both of which executions had been issued and returned wholly unsatisfied; that on the 22d day of September, 1888, said Joseph Tosini bought of one Richardson, for the price of $600, and paid for with his own money, certain lots in the City of Sioux Falls, and caused them to be conveyed by said…
2Cases cited12 opinions
- Blease v. GarlingtonSupreme Court of the United States · 1876
- Bennett v. ButterworthSupreme Court of the United States · 1851
- Baldwin v. WhitcombSupreme Court of Missouri · 1880
- The People v. . BorkNew York Court of Appeals · 1884
- Glenn v. GlennSupreme Court of Iowa · 1864
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schriock v. SchriockNorth Dakota Supreme Court · 1964
- Enos v. St. Paul Fire & Marine InsuranceSouth Dakota Supreme Court · 1894
- Bedell v. SteeleSouth Dakota Supreme Court · 1947
- Smith v. PoppenSouth Dakota Supreme Court · 1930
- Meloy v. KellSouth Dakota Supreme Court · 1928
5 more not listed; retrieve them via the Exa API.