Plewa v. St. Josaphat's Congregation
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. This action was brought to set aside a conveyance of certain real estate in the city of Milwaukee on the ground that it was conveyed to defraud creditors.
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Appeal from a judgment of the circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. This action was brought to set aside a conveyance of certain real estate in the city of Milwaukee on the ground that it was conveyed to defraud creditors. The complaint alleges the recovery of judgment against the defendant St. Josar phot’s Congregation; tbe return of execution tbereou; that the judgment remains unpaid; that before the rendition of such judgment against the defendant St. J osaphat’s Congregation the real estate in question was deeded to the defendant Franciscan Fathers Minors…
1Opinion of the CourtKerwin, J.
It appears from the findings that the plaintiff failed to make a case against the defendants. It is established that the property was conveyed for a full and valuable consideration and without any fraudulent intent, but on the contrary with the intent and purpose of paying to the creditors pro rata the fuE value of the property and more, because it appears in the case that the property was worth but $400,000, incumbered by a mortgage of $200,000, and that the grantee assumed the payment of the mortgage and also agreed to pay seventy-five per cent, to the unsecured creditors, which aggregated…
2Cases cited9 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Hyde v. ChapmanWisconsin Supreme Court · 1873
- Ryan Drug Co. v. HvambsahlWisconsin Supreme Court · 1894
- Saint Louis Clay Products Co. v. ChristopherWisconsin Supreme Court · 1913
- Gilbert Paper Co. v. Whiting Paper Co.Wisconsin Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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