Legal Opinion

Leutermann v. Aschermann

Wisconsin Supreme Court

Decided October 24, 1916Published

Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. The case is this: A receiver appointed in supplementary proceedings brings the action to set aside, because fraudulent as to creditors, a transfer of a $5,000 legacy made by the judgment debtor to one of the defendants in consideration of a conveyance of certain real estate which .the debtor immediately made his homestead.

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Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. The case is this: A receiver appointed in supplementary proceedings brings the action to set aside, because fraudulent as to creditors, a transfer of a $5,000 legacy made by the judgment debtor to one of the defendants in consideration of a conveyance of certain real estate which .the debtor immediately made his homestead. There was no proof that the as-signee of the legacy had any knowledge that the judgment debtor was indebted, and no evidence that she participated in any way in the fraudulent…

1Opinion of the CourtWiNsnow, C. J.

The judgment must be reversed because : First, a man may, in good faith, purchase a homestead *163and use uonexempt property or money for that purpose even although he be indebted at the time. Scofield v. Hopkins, 61 Wis. 370, 21 N. W. 259; Scott v. Holman, 117 Wis. 206, 94 N. W. 30. Second, even if he makes the purchase with the intention of defeating his creditors, the transaction cannot be set aside unless it is shown that the other party had notice of or participated in the fraudulent intent of the debtor. Sec. 2324, Stats.

The case of Comstock v. Bechtel, 63 Wis. 656, 24 N. W. 465, when…

2Cases cited3 opinions

  1. Scofield v. HopkinsWisconsin Supreme Court · 1884
  2. Comstock v. BechtelWisconsin Supreme Court · 1885
  3. Scott v. HolmanWisconsin Supreme Court · 1903

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