National Wall Paper Co. v. M'Pherson
Montana Supreme Court
Appeal from District Court, Gallatin County. Frank K. Armstrong, Judge. Creditors’ suit by the National Wall Paper Company against L. W. McPherson and Melissa Lewis, executrix of S. W. Lewis, deceased, to set aside conveyances from McPherson to Lewis, as in fraud of creditors. Judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Gallatin County. Frank K. Armstrong, Judge. Creditors’ suit by the National Wall Paper Company against L. W. McPherson and Melissa Lewis, executrix of S. W. Lewis, deceased, to set aside conveyances from McPherson to Lewis, as in fraud of creditors. Judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action brought to set aside a deed of assignment of certain personal property and certain conveyances of real property described in the complaint. The complain- alleges that on the 20th day of March,…
1Opinion of the CourtPemberton, C. J.
The only question presented by this appeal is as to whether the district court erred in refusing to order judgment on the pleadings in favor of the plaintiff. The answer does not specifically deny the allegation's of the com*358plaint to the effect that the instruments attacked were fraudulent and- made with the intent to hinder and delay the creditors of defendant McPherson. There is a general denial in the answer of all the allegations of the complaint not specifically admitted; but we think this denial alone would not have been sufficient to prevent judgment on the pleadings. After the…
2Cases cited2 opinions
- Mauldin v. BallMontana Supreme Court · 1883
- Tudor v. De LongMontana Supreme Court · 1896
3Cited by5 opinions
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- Previsich v. Butte Electric Railway Co.Montana Supreme Court · 1913
- Security State Bank v. MelchertMontana Supreme Court · 1923
- García v. PrestonSupreme Court of Puerto Rico · 1911
- García v. PrestonSupreme Court of Puerto Rico · 1911