In re Lyons
Supreme Court of Minnesota
Appeal by John Y. Earwell and others, creditors, from an order made by Kerr, J., in insolvency proceedings in the district court for Eamsey county, denying their application for a distribution of the assets of the insolvent among his creditors without the filing of releases, because of alleged fraudulent disposal and concealment of his property.
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Appeal by John Y. Earwell and others, creditors, from an order made by Kerr, J., in insolvency proceedings in the district court for Eamsey county, denying their application for a distribution of the assets of the insolvent among his creditors without the filing of releases, because of alleged fraudulent disposal and concealment of his property. The assignment was made June 20, 1888. On June 5,1888, the insolvent made the following statement to appellants, as the result of an inventory taken January 15, 1888: Stock on hand - - - - . - - - $85,908 59 Outstanding ------- 2,021 35 $37,929 94…
1Opinion of the CourtCollins, J.
The appellants, creditors of the insolvent assignor, charged him with having fraudulently conveyed and disposed of his property prior to the assignment, and applied for an order of the district court, as provided by Laws 1881, c. 148, § 10, permitting creditors to participate in the proceeds of the assigned estate without filing releases of their claims. The testimony bearing upon the application was taken by a referee, duly returned, and upon a consideration thereof the court refused the order.
I. It is claimed by the respondent that, as all of the testimony taken and returned by the referee…
2Cases cited3 opinions
- Acker Post, No. 21 v. CarverSupreme Court of Minnesota · 1877
- In re ReesSupreme Court of Minnesota · 1888
- In re the estate of PostSupreme Court of Minnesota · 1885