Eastman v. Schettler
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown County. Action to recover land. The complaint alleged that the 2d day of March, 1839, Dominique Brunette, being then seized of the land in dispute, conveyed it to his son, Augustine, in trust for the grantor and certain'of his children; that said conveyance was made without consideration, and with intent to hinder and delay creditors; that at the time it was made, a suit was pending in the circuit court for Brown county, in favor of…
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APPEAL from tbe Circuit Court for Brown County. Action to recover land. The complaint alleged that the 2d day of March, 1839, Dominique Brunette, being then seized of the land in dispute, conveyed it to his son, Augustine, in trust for the grantor and certain'of his children; that said conveyance was made without consideration, and with intent to hinder and delay creditors; that at the time it was made, a suit was pending in the circuit court for Brown county, in favor of Meade and others,; the executors of one Lawe, against said Dominique, in which a judgment was afterwards rendered against…
1Opinion of the Court
By the Court,
Cole, J.
It appears to us there is no ground for saying that the appellant was not in a situation to attack the validity of the sale from Dominique to Augustine Brunette.* He claimed as a purchaser at the sheriff's sale under a judgment against Dominique, and stands in reference to the property precisely in the place of the judgment creditor. If *326for any reason, as, for instance, fraud in that conveyance, tbe creditor could reach tbe property, and subject it t0 tbe payment of his judgment, then, clearly, tbe appellant could assail tbe conveyance for a like reason. He represented…
2Cases cited2 opinions
- Reynolds v. VilasWisconsin Supreme Court · 1859
- La Crosse & Milwaukee Railroad v. SeegerWisconsin Supreme Court · 1856
3Cited by6 opinions
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Slattery v. JonesSupreme Court of Missouri · 1888
- Evans v. LaughtonWisconsin Supreme Court · 1887
- Kingman Plow Co. v. KnowltonSupreme Court of Iowa · 1909
- Mitchell v. LyonsWisconsin Supreme Court · 1916
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