Marston v. Dresen
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. Action in the nature of a creditors’ bill. The defendants are husband and wife. The plaintiffs are judgment creditors of the firm of Dresen & Fjelstad, of which firm defendant Hubert Dresen was a member, and this action is brought to set aside certain transfers of real and personal property from Hubert to Josephine Dresen as being-in fraud of Hubert's creditors.
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APPEAL from the Circuit Court for La Crosse County. Action in the nature of a creditors’ bill. The defendants are husband and wife. The plaintiffs are judgment creditors of the firm of Dresen & Fjelstad, of which firm defendant Hubert Dresen was a member, and this action is brought to set aside certain transfers of real and personal property from Hubert to Josephine Dresen as being-in fraud of Hubert's creditors. At the close of the trial the circuit judge made findings as follows: “(1) That in the fall of 1881 the defendant Hubert Dresen and one Andrew Fjelstad entered into copartnership in…
1Opinion of the CourtWihslow, J.
The first contention of appellants is that the findings of the circuit court as to the possession of separate estate by the wife and as to the investment thereof in the real and personal property in controversy are contrary to the weight of the evidence, and that, on the contrary, the evidence shows that all of such property was. purchased by the husband with his own moneys; and they say that the testimony as to the sources and origin of the wife’s alleged separate estate is absolutely incredible. If this contention be well-founded, then the judgment manifestly cannot be-sustained, because in…
2Cases cited2 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Hopkins v. JoyceWisconsin Supreme Court · 1891
3Cited by9 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- H. C. & W. B. Reynolds Co. v. ReynoldsSupreme Court of Alabama · 1914
- Farmers Savings Bank v. PughSupreme Court of Iowa · 1927
- Farmers State Bank v. SchleismanSupreme Court of Iowa · 1927
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
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