Williams v. Harris
South Dakota Supreme Court
Appeal irom circuit couijt, Hughes county. Hon. H. G. Fuller, Judge. Action by Annie E. Williams and another against George W. Harris, sheriff, and the John Pritzlaff Hardware Company, to restrain a sale of property on execution. Plaintiffs had judgment, and defendants appeal. All papers executed in pursuance of an original design, are in law, deemed to constitute one transaction and are construed together, whether made on same or different days. Bump Fraud.
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Appeal irom circuit couijt, Hughes county. Hon. H. G. Fuller, Judge. Action by Annie E. Williams and another against George W. Harris, sheriff, and the John Pritzlaff Hardware Company, to restrain a sale of property on execution. Plaintiffs had judgment, and defendants appeal. All papers executed in pursuance of an original design, are in law, deemed to constitute one transaction and are construed together, whether made on same or different days. Bump Fraud. Conv. 363. The transfer being immediate from an insolvent debtor to his wife, is fraudulent. Bump on Fraud. Con. pp. 52 and 57. The…
1Opinion of the CourtBennett, P. J.
On the 5th day of August, 1885, W. B. Williams, the husband of Annie Williams, — one of the plaintiffs, — was the owner of a stock of hardware situated in Pierre, S. D. On that day he traded this stock to one Prentice for an undivided one-third interest in 10 acres of land, an undivided one-third interest in 30 lots in Prentice & Pettigrew’s addition ■to the city of Pierre, and a quarter section of land six miles from the city. On the same day the trade was made, Williams owned another section of land near Pierre, some lots in Harrold, some bills receivable, and some accounts against various…
2Cases cited13 opinions
- Humes v. ScruggsSupreme Court of the United States · 1877
- Medsker v. BonebrakeSupreme Court of the United States · 1883
- Lloyd v. FultonSupreme Court of the United States · 1876
- Sturtevant v. BallardNew York Supreme Court · 1812
- United States v. Libellants & of the Schooner AmistadSupreme Court of the United States · 1841
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3Cited by5 opinions
- Meloy v. KellSouth Dakota Supreme Court · 1928
- Wannemacher v. MerrillNorth Dakota Supreme Court · 1911
- First State Bank v. O'LearySouth Dakota Supreme Court · 1900
- Peoples State Bank v. KarlenSouth Dakota Supreme Court · 1921
- Richards v. SmithSouth Dakota Supreme Court · 1929