Legal Opinion

Bleiler v. Moore

Wisconsin Supreme Court

Decided November 24, 1896PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for Green -county: John E. Bennett, Circuit Judge. This is an action of replevin. The plaintiff’s son, William J. Bleiler, was indebted to the plaintiff in a considerable sum, and, becoming embarrassed, conveyed his real estate .and personal property to his father in payment of his debt.

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Appeal from a judgment of the circuit court for Green -county: John E. Bennett, Circuit Judge. This is an action of replevin. The plaintiff’s son, William J. Bleiler, was indebted to the plaintiff in a considerable sum, and, becoming embarrassed, conveyed his real estate .and personal property to his father in payment of his debt. The defendants, who were the sheriff and his deputy, levied .an execution against William on the personal property so transferred to the plaintiff. The plaintiff replevied. The defendants seek to justify under the execution. The issue-was whether the sale of this…

1Opinion of the CourtNewmait, J.

The decisive question is whether there was-reversible error in the charge of the trial court. The appellant complains that the trial court, in substance, instructed the jury “ that a sale made by a vendor with intent to hinder, delay, and defraud his creditors is void, if the vendee has knowledge of facts and circumstances such as should put a prudent man upon inquiry, by which he might find out the fraudulent purpose.” This is alleged to be error. But this really states the rule applicable to a sale made by an insolvent debtor to a stranger with substantial *387accuracy. The stranger is bound at…

2Cases cited6 opinions

  1. Gage v. ChesebroWisconsin Supreme Court · 1880
  2. Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
  3. David v. BirchardWisconsin Supreme Court · 1881
  4. Erdall v. AtwoodWisconsin Supreme Court · 1891
  5. Bannister v. PhelpsWisconsin Supreme Court · 1892

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Fisher v. HerrmannWisconsin Supreme Court · 1903
  2. Stuart v. Farmers Bank of Cuba CityWisconsin Supreme Court · 1908
  3. Carey v. DyerWisconsin Supreme Court · 1897
  4. Koch v. PetersWisconsin Supreme Court · 1897
  5. Zimmerman v. BannonWisconsin Supreme Court · 1898

5 more not listed; retrieve them via the Exa API.

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