H. L. Spencer Co. v. Koell
Supreme Court of Minnesota
Action in the district court for Crow Wing county to establish and enforce a lien upon certain real estate alleged to have been conveyed to defendant in fraud of creditors of one W. H. Koell. Charles Syreen and' Amanda Syreen duly intervened, asserting their purchase of the premises from defendant without notice of the action or the alleged fraud.
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Action in the district court for Crow Wing county to establish and enforce a lien upon certain real estate alleged to have been conveyed to defendant in fraud of creditors of one W. H. Koell. Charles Syreen and' Amanda Syreen duly intervened, asserting their purchase of the premises from defendant without notice of the action or the alleged fraud. From an order, McClenahan, J., vacating the service of the summons and granting a motion for judgment in favor of the intervenors upon the pleadings, and from a judgment entered pursuant to the order, plaintiff appealed. Appeal from order dismissed.
1Opinion of the CourtCollins, J.
In an action in the nature of a creditors’ bill to reach certain real property which it was alleged had been fraudulently conveyed to a third party, the complaint was filed on September 4, 1902, and a notice *227of lis pendens was filed for record in the office of the register of deeds of the proper county at the same time. G. S. 1894, § 5866. On the same day a summons was delivered to the sheriff of the county in which the real property was situated for service upon the defendant. But she was not then in this state, and in fact was a nonresident. Sixteen days afterward the sheriff made return of…
2Cases cited4 opinions
- Smith v. HurdSupreme Court of Minnesota · 1892
- Hokanson v. GundersonSupreme Court of Minnesota · 1893
- Crombie v. LittleSupreme Court of Minnesota · 1891
- Carlson v. PhinneySupreme Court of Minnesota · 1894
3Cited by15 opinions
- Anderson v. Mikel Drilling Co.Supreme Court of Minnesota · 1960
- Bond v. Pennsylvania RailroadSupreme Court of Minnesota · 1914
- Prashar v. Volkswagen of America, Inc.Court of Appeals for the Eighth Circuit · 1973
- Dieseth v. CALDER MANUFACTURING COMPANYSupreme Court of Minnesota · 1966
- McCormick v. RobinsonSupreme Court of Minnesota · 1918
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