McCleery v. Allen
Nebraska Supreme Court
Error to the district court for Adams county. It was an action of replevin brought by Allen, the defendant in error, against McCleery, plaintiff in error, to recover possession of a stock of lumber, etc., which the latter had levied upon, as sheriff, under a writ of execution, as the property of one Yan Alstine, the execution debtor. Allen claimed title by virtue of an assignment made to him by Yan Alstine, for the benefit of all the creditors.
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Error to the district court for Adams county. It was an action of replevin brought by Allen, the defendant in error, against McCleery, plaintiff in error, to recover possession of a stock of lumber, etc., which the latter had levied upon, as sheriff, under a writ of execution, as the property of one Yan Alstine, the execution debtor. Allen claimed title by virtue of an assignment made to him by Yan Alstine, for the benefit of all the creditors. Upon a trial of the cause, before G-aslin, J., and a jury, the assignment was sustained and judg- ' ment entered accordingly in favor of the defendant…
1Opinion of the CourtM axwblIi, J.
The only question to be determined in this case is, whether the assignment from Yan- Alstine to Allen was fraudulent and void on its face as to creditors. The assignment contains the following provisions: “ That the said party of the second part, assignee and trustee as aforesaid of the said property as aforesaid, shall sell and dispose of said property aforesaid with convenient diligence, either at public or private sale, and for the best prices he can obtain therefor, for cash; and to dispose of the same in amp mam/ner whatsoever as freely and lawfully as the assignor could do himself,…
2Cases cited6 opinions
- Nicholson v. . LeavittNew York Court of Appeals · 1852
- Rapalee v. . StewartNew York Court of Appeals · 1863
- Keep v. SandersonWisconsin Supreme Court · 1853
- Woodburist v. MosherNew York Supreme Court · 1850
- Coats v. TaftWisconsin Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gregory v. WhedonNebraska Supreme Court · 1879
- Rosenstein v. ColemanMontana Supreme Court · 1896
- Schoolfield, Hanauer & Co. v. Johnson & SullivanDistrict Court, E.D. Arkansas · 1881
- Wooldridge v. IrvingUnited States Circuit Court · 1884
- Brahmstadt v. McWhirterNebraska Supreme Court · 1879