Hoagland Bros. v. Wilson
Nebraska Supreme Court
Appeal from the district court of Gage county. Heard below before Dayidson, J., on exceptions to report of W. R. Kelly, Esq., referee. contended that it is not enough to show that the conveyance was made without consideration and for the purpose of placing the property beyond the hazard of business; it must be further shown that the conveyance was made with the expectation of contracting debts, and at the same time intending never to pay them.
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Appeal from the district court of Gage county. Heard below before Dayidson, J., on exceptions to report of W. R. Kelly, Esq., referee. contended that it is not enough to show that the conveyance was made without consideration and for the purpose of placing the property beyond the hazard of business; it must be further shown that the conveyance was made with the expectation of contracting debts, and at the same time intending never to pay them. Lyman v. Cessford, 15 Iowa, 229. Bump On Fraudulent Conveyances, 317. Evans v. Lewis, 30 O. S., 11. That if a husband converts his wife’s separate…
1Opinion of the CourtMaxwell, J.
The plaintiffs are judgment creditors of W. E. Wilson, and brought this action to subject certain real estate in the name of Anna M. Wilson, the wife, of W. F. Wilson, to the payment of their debts. The cause was referred by consent to a referee, who found in favor of the plaintiffs. The report was confirmed by the court, and the defendants, Wilson and wife, appeal.
It appears from the record that Wilson, who was a contractor in Lincoln, bought lumber and material of Hoagland Brothers from time to time between the 24th of March, 1880, and March 21st, 1881, to the amount of $613.99, upon which…
2Cases cited1 opinion
- Roy v. McPhersonNebraska Supreme Court · 1881
3Cited by4 opinions
- Millard v. ParsellNebraska Supreme Court · 1898
- Rihner v. JacobsNebraska Supreme Court · 1907
- Eggleston v. SlusherNebraska Supreme Court · 1896
- Kamrath v. GilbertNebraska Supreme Court · 1929