Tudor v. De Long
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Action to annul certain conveyances as fraudulent. Judgment was rendered for the defendants below by Armstrong, J. Statement of the case by the justice delivering the opinion.
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Appeal from Ninth Judicial District, Gallatin County. Action to annul certain conveyances as fraudulent. Judgment was rendered for the defendants below by Armstrong, J. Statement of the case by the justice delivering the opinion. This is an action to set aside a conveyance made by defendant Burk to defendant DeLong to certain real estate in Galla-tin county, and also a chattel mortgage to certain personal property made by said Burk to said DeLong for alleged fraud in the execution of said instruments. Both of said instruments were executed on the 13th day of February, 1894, and both are'…
1Opinion of the Court
PembertoN, C. J.-
— An inspection of the record in this case discloses the fact that on the 13th day of February, 1894, the date of the two conveyances attacked and sought to be set aside for alleged fraud, and prior thereto, the defendant Burk was indebted to divers creditors, and that he was being pressed for payment of his debts, especially by the Gallatin Valley National Bank to which he owed a considerable sum. It appears that at this time DeLong was surety for Burk on notes for about $2,700. To secure DeLong against this liability, and to secure DeLong against damage and loss by reason…
2Cases cited3 opinions
- Priest v. BrownCalifornia Supreme Court · 1893
- Ross v. SedgwickCalifornia Supreme Court · 1886
- Warren v. His CreditorsWashington Supreme Court · 1891
3Cited by1 opinion
- National Wall Paper Co. v. M'PhersonMontana Supreme Court · 1897