German Bank v. Leyser
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The case is correctly stated, in part, in the brief of the counsel for the plaintiff, as follows: “ This action was brought by the German Bamk as creditor of Peter J. Leyser, deceased, pursuant to sections 3835 and 3836, E. S., to reach and subject to sale one-half of the schooner Oscar LTewhouse, now claimed by the defendant Peter T. Leyser, under a purported conveyance hy deceased, alleged to be fraudulent.
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APPEAL from the Circuit Court for Outagamie County. The case is correctly stated, in part, in the brief of the counsel for the plaintiff, as follows: “ This action was brought by the German Bamk as creditor of Peter J. Leyser, deceased, pursuant to sections 3835 and 3836, E. S., to reach and subject to sale one-half of the schooner Oscar LTewhouse, now claimed by the defendant Peter T. Leyser, under a purported conveyance hy deceased, alleged to be fraudulent. The complaint alleges plaintiff’s incorporation, allowance of its claim for money lawfully loaned, and that it sues in behalf of…
1Opinion of the CourtLyost, J.
The answer substantially denies the insolvency of the estate of Peter J. Leyser, deceased. It was certainly the duty of the administrator to .dispose of the estate carefully and judiciously, and the answer avers that if so disposed of the estate would be sufficient to pay all debts chargeable against it. Hence, the question of the sufficiency of the estate in the hands of the administrator to pay the debts of the deceased was put in issue by the pleadings. The sections of the revised statutes (3835 and 3836) under which this action was ‘brought, were first enacted in 1864, and stand as…
2Cases cited3 opinions
- Bate v. . GrahamNew York Court of Appeals · 1854
- Flood v. PilgrimWisconsin Supreme Court · 1873
- Filbey v. CarrierWisconsin Supreme Court · 1878
3Cited by4 opinions
- Andrew v. HindermanWisconsin Supreme Court · 1888
- Richter v. LeibyWisconsin Supreme Court · 1898
- State Deptartment of Public Welfare v. LeMereWisconsin Supreme Court · 1963
- Allen v. McRaeWisconsin Supreme Court · 1895