Duxbury v. Boice
Supreme Court of Minnesota
Appeal by defendant Clayton S. Boice from an order of the district court for Fillmore county, Whytoek, J., denying a motion for a new trial after judgment for plaintiff. The seventh assignment of error is as follows: The court erred in refusing to order judgment for the appellant on motion at the close of the plaintiff’s testimony on the grounds stated, that it appears that the appellant paid an adequate consideration for the land, and no fraud had been shown. 2nd.
Read the full summary
Appeal by defendant Clayton S. Boice from an order of the district court for Fillmore county, Whytoek, J., denying a motion for a new trial after judgment for plaintiff. The seventh assignment of error is as follows: The court erred in refusing to order judgment for the appellant on motion at the close of the plaintiff’s testimony on the grounds stated, that it appears that the appellant paid an adequate consideration for the land, and no fraud had been shown. 2nd. That the respondent and his assignor had conveyed to appellant part of the land with full knowledge of the facts, confirming…
1Opinion of the CourtMitchell, J.
This action as originally commenced was brought by the plaintiff, a judgment creditor of the defendant Willard Boice, to set aside as fraudulent and void as to creditors of the grantor a conveyance from Willard to the defendant Clayton S. Boice, and to subject the granted premises to the payment of the judgment. During the pendency of the suit the plaintiff issued execution, and sold the *118premises on his judgment. Thereupon he served a supplemental complaint setting up these facts, and demanding the same relief as prayed for in his complaint. The judgment which constituted the basis of…
2Cases cited8 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Parker v. KuhnNebraska Supreme Court · 1887
- Morrill v. Little Falls Manufacturing Co.Supreme Court of Minnesota · 1893
- Humphrey v. CarpenterSupreme Court of Minnesota · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Wild v. RarigSupreme Court of Minnesota · 1975
- Baldwin v. BurtonUtah Supreme Court · 1993
- Finn v. Alliance BankSupreme Court of Minnesota · 2015
- Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
- In re Petters Company, Inc.United States Bankruptcy Court, D. Minnesota · 2013
25 more not listed; retrieve them via the Exa API.