J. E. Paulson & Co. v. Ward
North Dakota Supreme Court
Appeal from District Court, Traill County; McConnell, J. Action by John E. Paulson and P. S. Peterson, co-partners as J. E. Paulson & Co., against J. A. Ward and others. Judgment for plaintiffs, and defendants appeal. The complaint is insufficient, it simply avers that the transfer was fraudulent. It should allege the facts and circumstances of the fraud.
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Appeal from District Court, Traill County; McConnell, J. Action by John E. Paulson and P. S. Peterson, co-partners as J. E. Paulson & Co., against J. A. Ward and others. Judgment for plaintiffs, and defendants appeal. The complaint is insufficient, it simply avers that the transfer was fraudulent. It should allege the facts and circumstances of the fraud. Kinder v. Macy, 7 Cal. 206; Harris v. Taylor, 15 Cal. 348; Meeker v. Harris, 19 Cal. 280; Kent v. Snyder, 30 Cal. 667; Jones v. Massey, 79 Ala. 370. The rule is universal that before a creditor’s bill can be filed, an execution must have…
1Opinion of the CourtBartholomew, C. J.
This action was brought by the present respondents in aid of an execution issued upon a judgment in their favor, and against the property of ,G- A. Ward and Jessie S. Ward and H. H. Hall. The aid which is asked at the hands of a court of equity consists in setting aside two real estate conveyances; one made by the Wards — who are husband and wife — to the defendant Patterson, the other made by Hall, who is the son of Jessie S. Ward, to Patterson. The District Court granted the relief prayed, and defendants appeal. We will discuss the points *103in the order in which they are presented in the able…
2Cases cited22 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Taylor v. BowkerSupreme Court of the United States · 1884
- Dunlevy v. . TallmadgeNew York Court of Appeals · 1865
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3Cited by20 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Daisy Roller Mills v. WardNorth Dakota Supreme Court · 1897
- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Merchants Nat. Bank v. ArmstrongNorth Dakota Supreme Court · 1926
15 more not listed; retrieve them via the Exa API.