Johnson v. Rutherford
North Dakota Supreme Court
From a judgment of tbe district court of Cass county, Pollock, J., both the administrator and Mary Rutherford separately appeal, and trial de novo is had. Fraudulent intent must be alleged and proved in an action to set aside a deed or gift as a fraud upon creditors; and such an intent is a question of fact.
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From a judgment of tbe district court of Cass county, Pollock, J., both the administrator and Mary Rutherford separately appeal, and trial de novo is had. Fraudulent intent must be alleged and proved in an action to set aside a deed or gift as a fraud upon creditors; and such an intent is a question of fact. Windhaus v. Bootz, 92 Cal. 617, 28 Bac. 557; Emmons v. Barton, 109 Cal. 662, 42 Pac. 303; Murphy v. Clayton, 114 Cal. 526, 43 Pac. 613, 46 Pac. 460; Ackerman v. Merle, 137 Cal. 157, 69 Pac. 982; Aigeltinger v. Einstein, 143 Cal. 614, 101 Am. St. Rep. 131, 77 Pac. 669; Dalrymple v.…
1Opinion of the CourtGoss, J.
This action in equity is brought to have property owned by John Eutherford, now deceased, and by him transferred to bis wife, Mary Eutherford, declared subject to an alleged debt of decedent. Tbe administrator was appointed to collect said claim, approved by tbe county judge as a valid demand for $789.50. At bis death Eutherford left no estate. On trial this action was dismissed as to the real estate, but tbe personal property was held subject to disposition by the probate court to tbe amount of tbe claim. Tbe widow attempted to prove that said claim bad been fully paid, and offered in…
2Cases cited33 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Burris v. KennedyCalifornia Supreme Court · 1895
- Kent v. . KentNew York Court of Appeals · 1875
- Wickersham v. ComerfordCalifornia Supreme Court · 1892
- Bull v. BrayCalifornia Supreme Court · 1891
28 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Matter of Estate of RakettiNorth Dakota Supreme Court · 1983
- Rozan v. RozanNorth Dakota Supreme Court · 1964
- Fischer v. DolwigNorth Dakota Supreme Court · 1915
- Graves v. First National Bank in Grand ForksNorth Dakota Supreme Court · 1965
- McGuigan v. HeuerNorth Dakota Supreme Court · 1936
13 more not listed; retrieve them via the Exa API.