Level Land Co. No. 3 v. Sivyer
Wisconsin Supreme Court
Appeals from orders of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Separate appeals from orders overruling the separate de.murrers of the'two appellants.
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Appeals from orders of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Separate appeals from orders overruling the separate de.murrers of the'two appellants. The complaint alleges the voluntary bankruptcy of Edwin H. Sivyer on October 17, 1899, and the appointment of the plaintiff M. H. Brand as his trustee, and the resulting transfer to him of all unex-empt property of Edwin H. Sivyer, including all theretofore transferred in fraud of his creditors; also that the plaintiff The Level Land Company is the owner of a money judgment against Edwin H. Sivyer, recovered September 27,…
1Opinion of the CourtDodge, J.
Some confusion seems to result from the joinder of the trustee in bankruptcy with the Judgment creditor as plaintiffs, but we think unnecessarily. That joinder was probably due to uncertainty whether the judgment lien established in favor of The Level Land Company by the decree of June 28, 1899, still remained in it, or had been transferred to the trustee by force of sec. 67c of the bankrupt act, and by the order continuing it in force for the benefit of the estate. That uncertainty need not trouble us on these demurrers, however; for that lien certainly exists unimpaired either in one…
2Cases cited10 opinions
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