First National Bank v. Bertschy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The case is thus stated by Mr. Justice Taylob: “ This is an action in the nature of a creditor’s hill, to set aside a conveyance from Leonard Bertsehy to John Bertsehy, of certain real estate formerly owned by said Leonard Bert-sehy, and to subject the property so conveyed to the payment of a judgment against him.
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APPEAL from the Circuit Court for Outagamie County. The case is thus stated by Mr. Justice Taylob: “ This is an action in the nature of a creditor’s hill, to set aside a conveyance from Leonard Bertsehy to John Bertsehy, of certain real estate formerly owned by said Leonard Bert-sehy, and to subject the property so conveyed to the payment of a judgment against him. The complaint alleges that the conveyance was without consideration, and made for the purpose of hindering, delaying and defrauding the creditors of Leonard Bertsehy, and upon, a secret trust known to John Bertsehy. “The answer of…
1Opinion of the CourtTaylor, J.
Upon the findings of fact, to which the respondent took no exceptions, we think it must be held that the court based its judgment against the appellants solely upon the ground that both the mortgage and conveyance from Leona/rd to John Bertsehy were without consideration, and for that reason fraudulent and void as to the creditors of the said Leona/rd.
*443There is certainly nothing in the findings of fact which charges John Bertschy with any intent to defraud the creditors of Leonard, except such intent as may be deduced as a conclusion of law from the fact that he took a conveyance of a valuable…
2Cases cited5 opinions
- Wilson v. RussellCourt of Appeals of Maryland · 1859
- Hyde v. ChapmanWisconsin Supreme Court · 1873
- Livermore v. . NorthrupNew York Court of Appeals · 1870
- Geer v. ArcherNew York Supreme Court · 1848
- Gallman v. PerrieMississippi Supreme Court · 1872
3Cited by16 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Karr v. WashburnWisconsin Supreme Court · 1882
- Angers v. SabatinelliWisconsin Supreme Court · 1940
- Lynch's Admr. v. MurraySupreme Court of Vermont · 1912
- Main v. BosworthWisconsin Supreme Court · 1890
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