Legal Opinion

Fryberger v. Berven

Supreme Court of Minnesota

Decided January 16, 1903No. Nos. 13,284-(198)PublishedCited by 10 opinions

Action in the district court for St. Louis county, in the nature of a creditors’ bill, against defendants, Knute Berven and the administrator of the estate and heirs of Johanna Berven, deceased. The case was tried before Ensign, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants, John Brown as administrator and the heirs appealed.

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Action in the district court for St. Louis county, in the nature of a creditors’ bill, against defendants, Knute Berven and the administrator of the estate and heirs of Johanna Berven, deceased. The case was tried before Ensign, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants, John Brown as administrator and the heirs appealed. The doctrine of Baldwin v. Rogers, 28 Minn. 544; Horton v. Kelly, 40 Minn. 193; Aultman & Taylor Co. v. Pikop, 56 Minn. 531, relied upon by appellants, is this: If it is beyond question that the incumbrances exceed the…

1Opinion of the Court

START, O, J.

Action in the nature of a creditors’ bill to reach assets fraudulently transferred by a judgment debtor to his wife. Judgment for the plaintiff, from which the defendants appealed.

The facts, as admitted by the pleadings, or found by the trial judge, are substantially these: The defendant Knute Berven on March 33,1900, was the owner of an undivided three-fourths of the southeast -j of section á, township 62, range 13, in the county of St. Louis, and located in the iron ore belt of the state. On that day he conveyed his interest therein by warranty deed, in which his wife, Johanna.…

2Cases cited12 opinions

  1. Wolf v. MarshCalifornia Supreme Court · 1880
  2. Baldwin v. RogersSupreme Court of Minnesota · 1881
  3. Atwater v. Manchester Savings BankSupreme Court of Minnesota · 1891
  4. Horton v. KellySupreme Court of Minnesota · 1889
  5. Overmire v. HaworthSupreme Court of Minnesota · 1892

7 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Ostrander v. OstranderSupreme Court of Minnesota · 1934
  2. Cousineau v. CousineauOregon Supreme Court · 1936
  3. Williams v. KemperSupreme Court of Minnesota · 1906
  4. Willey v. HiteSupreme Court of Iowa · 1914
  5. Slingerland v. SlingerlandSupreme Court of Minnesota · 1910

5 more not listed; retrieve them via the Exa API.

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