Krouskop v. Krouskop
Wisconsin Supreme Court
Appeal from an order of the circuit court for Richland county: G-eo. ClemeNtsoN, Circuit Judge. The action is by George Krouskop, his wife, and three of his creditors, against A. H. Krouskop, as principal defendant, and several other creditors of George, who refused to join as plaintiffs. A demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action, was sustained. This appeal is from an order sustaining the demurrer.
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Appeal from an order of the circuit court for Richland county: G-eo. ClemeNtsoN, Circuit Judge. The action is by George Krouskop, his wife, and three of his creditors, against A. H. Krouskop, as principal defendant, and several other creditors of George, who refused to join as plaintiffs. A demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action, was sustained. This appeal is from an order sustaining the demurrer. The complaint is very long. The substance, so far as necessary to show the questions involved, is as follows: The plaintiff…
1Opinion of the CourtNewmam, J.
It is evident, from the facts alleged in the complaint, that the purpose of the execution of the mortgage from George Krouskop and wife to A. H. Krouskop, and of the entire transaction by which the- title to the lands became vested in him, was to hinder and delay the creditors of George Krouskop. As to them, it ivas fraudulent and void. But that fact does not, of necessity, affect the title of A. H. Krouskop with infirmity; for, as between the parties, the transaction may be upheld as valid, notwithstanding its infirmity when assailed by creditors. The parties *299to the transaction are in no way…
2Cases cited14 opinions
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Winner v. HoytWisconsin Supreme Court · 1886
- Karr v. WashburnWisconsin Supreme Court · 1882
- Fairchild v. RasdallWisconsin Supreme Court · 1859
- Patterson v. WrightWisconsin Supreme Court · 1885
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3Cited by5 opinions
- Lipman v. MangerWisconsin Supreme Court · 1924
- Duncan v. DuncanWisconsin Supreme Court · 1901
- Crocker v. HuntzickerWisconsin Supreme Court · 1902
- Illinois Steel Co. v. KonkelWisconsin Supreme Court · 1911
- Fillingham v. NicholsWisconsin Supreme Court · 1900