Moffatt v. Tuttle
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Washington county, McCluer, J., presiding, sustaining a demurrer to the complaint. cited Wait v. Day, 4 Denio, 439; A chit v. Butler, 87 N. T. 585; Wads-worth v. Williams, 100 Mass. 126; Botsford v. Beers, 11 Conn. 369, 375; Westerman Y.Westerman, 25 Ohio St. 500, 510; Cray v. Chase, 57 Me. 558, 562; Gormerly y. Chapman, 51 Geo. 421; Baker v. Lyman, 53 Geo. 339; Eigleberger v. Kibler, 1 Hill, Eq. 113, (26 Am.
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Appeal by plaintiff from an order of the district court for Washington county, McCluer, J., presiding, sustaining a demurrer to the complaint. cited Wait v. Day, 4 Denio, 439; A chit v. Butler, 87 N. T. 585; Wads-worth v. Williams, 100 Mass. 126; Botsford v. Beers, 11 Conn. 369, 375; Westerman Y.Westerman, 25 Ohio St. 500, 510; Cray v. Chase, 57 Me. 558, 562; Gormerly y. Chapman, 51 Geo. 421; Baker v. Lyman, 53 Geo. 339; Eigleberger v. Kibler, 1 Hill, Eq. 113, (26 Am. Dec. 192;) McNeio v. Smith, 5 Gratt. 84; Rice y. Perry, 61 Me. 145; Vassar v. Henderson, 40 Miss. 519; Sumner y. Sawtelle, 8…
1Opinion of the CourtMitchell, J.
This is an action, brought by a judgment creditor of Moses G. Tuttle, to reach, for the purpose of satisfying his judgment, land conveyed by one Durant to Almeda Tuttle, the consideration therefor being paid by Moses Gr. Tuttle. In other words, the action is brought to enforce the trust in favor of existing creditors, created by Gen. St. 1878, c. 43, § 8, when a grant for a valuable consideration is made to one person, and the consideration therefor paid by the debtor. The complaint alleges the issuing of an execution, and a levy on the land referred to; but there is no allegation that any…
2Cases cited3 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Wadsworth v. SchisselbauerSupreme Court of Minnesota · 1884
3Cited by8 opinions
- Lind v. O. N. Johnson Co.Supreme Court of Minnesota · 1938
- Williams v. Adler-Goldman Commission Co.Court of Appeals for the Eighth Circuit · 1915
- Overmire v. HaworthSupreme Court of Minnesota · 1892
- Williams v. KemperSupreme Court of Minnesota · 1906
- Fryberger v. BervenSupreme Court of Minnesota · 1903
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