Shuler v. Halvor
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Ttiomas L. Boucic, Judge. Action by Johanna Shuler, against Flora Halvor and others, for cancellation of an alleged deed of fraudulent conveyance ' of realty without issuance of execution upon a previous judgment setting aside said conveyance, a stay of execution having been granted under said previous judgment From a judgment for p.laintiff. and from an order denying a new trial, defendants appeal.
1Opinion of the CourtSmith, J.
[1] Action to have the transfer of a certain lot in the town of Summit adjudged fraudulent and void as against *618plaintiff, a judgment creditor. At the close of the trial, the trial court granted a stay of execution, and plaintiff, for that reason being unable to obtain an execution, began this action to cancel the deed without issuance of an execution on his judgment. Judgment of cancellation of the deed, from which defendants appeal.
We shall not consider the question of fraud in the transfer, as we deem it unnecessary in view of other matters presented by the' assignments of error.
Appellants…
2Cases cited23 opinions
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Fox v. . MoyerNew York Court of Appeals · 1873
- Cornell v. RadwayWisconsin Supreme Court · 1867
- Dillman v. NadelhofferIllinois Supreme Court · 1896
- Burdsall v. WaggonerSupreme Court of Colorado · 1878
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3Cited by2 opinions
- Blasingame v. WallaceArizona Supreme Court · 1927
- Delaware County Trust Co. v. Goldberg, Pennsylvania Court of Common Pleas, Delaware County1935