Estey v. Cooke
Nevada Supreme Court
Appeal from the District Court of the Third Judicial District, Lyon County. The facts are stated in the opinion. I. The transfer of the property, under the circumstances detailed in the evidence, is conclusively fraudulent and void under sections 60, 64 and 69 of the “ act concerning conveyances,” approved Nov. 5, 161; sec. 288, 292 Comp.
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Appeal from the District Court of the Third Judicial District, Lyon County. The facts are stated in the opinion. I. The transfer of the property, under the circumstances detailed in the evidence, is conclusively fraudulent and void under sections 60, 64 and 69 of the “ act concerning conveyances,” approved Nov. 5, 161; sec. 288, 292 Comp. L.; Nulburd v. Bogardus, 10 Cal. 518; Richards v. Schroder, 10 Cal. 431; Doake v. Brubaker, 1 Nev. 218; Sharon v. Shaiu, 2 Nev. 289; Lawrence v. Burnham, 4 Nev. 361. The principles are elaborately discussed in Bump on Eraud. Con., citing innumerable cases,…
1Opinion of the Court
By the Court,
Beatty, J.:
The plaintiff in this case was the vendee of certain personal property which was attached by the defendant, as sheriff of Lyon county, at the suit of a creditor of plaintiff’s vendor. The appeal is from a judgment for the value of the property attached, and from an order overruling defendant’s motion for a new trial. One of the grounds of the motion for a new trial was that there was no evidence of an actual and continued change of possession of the property in question from the vendor to the vendee; and whether there was sufficient evidence on this point is the only…
2Cases cited2 opinions
- Cardinal v. EdwardsNevada Supreme Court · 1869
- Garrard v. GallagherNevada Supreme Court · 1876
3Cited by4 opinions
- Johanns v. . FickeNew York Court of Appeals · 1918
- Ahlswede v. SchoneveldNevada Supreme Court · 1971
- Claypool v. Malta Standard GarageMontana Supreme Court · 1934
- United States v. HendersonDistrict Court, D. Nevada · 1939