Legal Opinion

Lemay v. Bibeau

Supreme Court of Minnesota

Decided December 15, 1858PublishedCited by 7 opinions

This was an Appeal from a judgment of the District Court of Bamsey County, upon an order sustaining a demurrer to a reply. The contents of the Beply, and the objections thereto taken advantage of by the demurrer, are set forth in the Opinion. [The points and authorities of the Appellant are not on file.] The following are the points and authorities of Counsel for Bespondent: First.

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This was an Appeal from a judgment of the District Court of Bamsey County, upon an order sustaining a demurrer to a reply. The contents of the Beply, and the objections thereto taken advantage of by the demurrer, are set forth in the Opinion. [The points and authorities of the Appellant are not on file.] The following are the points and authorities of Counsel for Bespondent: First. That a conveyance made with intent to defraud creditors is good between the parties and privies, and can only be avoided by a creditor of the fraudulent grantor. 5 Bing. 109; 16 Johns. 189; 22 Pick. 253; 10 Cow.…

1Opinion of the Court

By the Gourt

I. Atwater, J.

The Reply in this case admits the appointment of a Receiver, under the proceedings supplementary to execution, which are set forth in the Answer, and that the Plaintiff in such proceedings received the sum of twenty-five dollars. This sum, as appears from the Answer, was an amount found due by the examination of the Defendant Bibeau, and Yandal, from Bibeau to Vandal, on the purchase of the land specified in the Complaint by Bibeau from Yandal. The amount found due from Bibeau to Yandal on the sale of the land specified in the Complaint, and the conveyance of which…

2Cases cited3 opinions

  1. Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
  3. Burton v. StewartNew York Supreme Court · 1829

3Cited by7 opinions

  1. Millington v. Hill, Fontaine & Co.Supreme Court of Arkansas · 1886
  2. Frierson v. BranchSupreme Court of Arkansas · 1875
  3. Piper v. JohnstonSupreme Court of Minnesota · 1866
  4. Hathaway v. BrownSupreme Court of Minnesota · 1875
  5. Thompson v. CohenSupreme Court of Missouri · 1895

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