Hedrick v. Strauss
Nebraska Supreme Court
Error from the district court of Hitchcock county. Tried below before Cochran, J. The facts are stated in the opinion. A buyer who pays the consideration after notice of fraud is not entitled to protection as an innocent purchaser for value.
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Error from the district court of Hitchcock county. Tried below before Cochran, J. The facts are stated in the opinion. A buyer who pays the consideration after notice of fraud is not entitled to protection as an innocent purchaser for value. (Wait, Fraudulent Conveyances, sec. 369; Dougherty v. Cooper, 77 Mo., 532; Arnholt v. liar twig, 73 Mo., 485; Bishop v. Schneider, 46 Mo., 472; Dixon v. Hill, 5 Mich., 408; Matson v. Melchor, 42 Mich., 477; Starin v. Kelly, 88 N. Y., 421; Bushv. Collins, 35 Kan., 535; Bid-dell v. Munro, 52 N. W. Rep. [Minn.], 141; Becker v. Dim-ham, 27 Minn., 32.)
1Opinion of the CourtNorval, C. J.
This was an action in replevin brought by plaintiff in error against Thomas H. Britten, sheriff of Hitchcock county, to recover possession of a stock of general merchandise formerly owned by one E. O. Johnson. At the time the order of replevin was issued and served, the stock of goods in dispute was held by the sheriff by virtue of a writ of attachment sued out by the district court of said county by Strauss, TJhlman & Guthman against the said E. O. Johnson. On motion of said Strauss, Uhlman & Guthman, they were substituted, by order of the court, as defendants in the replevin suit, in lieu…
2Cases cited8 opinions
- Dodge v. PeopleNebraska Supreme Court · 1876
- McReady v. RogersNebraska Supreme Court · 1871
- Atchison, Topeka & Santa Fe Railroad v. LawlerNebraska Supreme Court · 1894
- Nebraska & Iowa Ins. v. ChristiensenNebraska Supreme Court · 1890
- Bush v. CollinsSupreme Court of Kansas · 1886
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