Wheeler & Wilson Manufacturing Co. v. Monahan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewanmee County. This is an action in equity in the nature of a creditors’ suit. The material facts in the case are as follows: October 81, 1883, the plaintiff recovered a judgment in the circuit court against the defendant Hugh Monaham, and his son, Charles S. Monahan, for about $400. Execution was immediately issued thereon, which was returned unsatisfied, November 22, 1883. The judgment was recovered for the breach of a contract between…
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APPEAL from the Circuit Court for Kewanmee County. This is an action in equity in the nature of a creditors’ suit. The material facts in the case are as follows: October 81, 1883, the plaintiff recovered a judgment in the circuit court against the defendant Hugh Monaham, and his son, Charles S. Monahan, for about $400. Execution was immediately issued thereon, which was returned unsatisfied, November 22, 1883. The judgment was recovered for the breach of a contract between the plaintiff and Charles S. Monahan, for the performance of which the defendant Hugh was surety. The contract and the…
1Opinion of the CourtLyoN, J.
The conveyance of August 16, 1880, executed by the defendant Hugh to his wife, the defendant Catharine, is effectual, as between .the parties thereto, to pass to the *201grantee the equitable title to the land therein described. Putnam v. Bicknell, 18 Wis. 333, and cases cited. Such conveyance is also effectual as against the creditors of the grantor, unless it was executed with intent to hinder or delay them in the collection of their debts, or unless the grantee has done, or omitted to do, 'some act which estops her to assert it as against them. - Such was the ruling of this court in Le…
2Cases cited5 opinions
- Goodell v. BlumerWisconsin Supreme Court · 1877
- Putnam v. BicknellWisconsin Supreme Court · 1864
- Horton v. DeweyWisconsin Supreme Court · 1881
- Wheeler v. SingleWisconsin Supreme Court · 1885
- Le Saulnier v. LoewWisconsin Supreme Court · 1881
3Cited by9 opinions
- Lamberton v. PerelesWisconsin Supreme Court · 1894
- Gettelmann v. GitzWisconsin Supreme Court · 1891
- Moller v. J. L. Gates Land Co.Wisconsin Supreme Court · 1903
- Pennsylvania Coal & Supply Co. v. SchmidtWisconsin Supreme Court · 1913
- Dockry v. IsaacsonWisconsin Supreme Court · 1925
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