Hibben v. Soyer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action by judgment creditors of the defendant W. H. Soyer, to set aside a conveyance of land made by said debtor to one Phipps, and a conveyance by said Phipps to Lealini E. Soyer, and one from her to Amelia Soyer (the two last named being respectively the wife and mother of said debtor). The complaint alleges that these conveyances were without consideration and in fraud of plaintiff’s rights.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. Action by judgment creditors of the defendant W. H. Soyer, to set aside a conveyance of land made by said debtor to one Phipps, and a conveyance by said Phipps to Lealini E. Soyer, and one from her to Amelia Soyer (the two last named being respectively the wife and mother of said debtor). The complaint alleges that these conveyances were without consideration and in fraud of plaintiff’s rights. Amelia Soyer answered by a general denial; the other defendants made default. 1. The conveyances were all voluntary, and were void as against an…
1Opinion of the CourtCole, J.
The judgment in this case, we think, is maintainable on two grounds.
Eirst, the evidence shows that the property in question was a homestead when the conveyances charged to be fraudulent in respect to creditors were executed. The circuit court found that the premises were occupied by W. H. Soyer and family for a homestead during all the time from October, 1867, until they were conveyed to the defendant Amelia Soyer in September, 1868, and this finding is fully warranted by the testimony. This being so, the property was not liable to sale on execution, and could not be reached by creditors for…
2Cases cited4 opinions
- Dreutzer v. BellWisconsin Supreme Court · 1860
- Main v. BellWisconsin Supreme Court · 1871
- Connaughton v. SandsWisconsin Supreme Court · 1873
- Winterfield v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1872
3Cited by12 opinions
- Rozek v. RedzinskiWisconsin Supreme Court · 1894
- Peck v. PeckSouth Dakota Supreme Court · 1927
- Allen v. PerryWisconsin Supreme Court · 1882
- Eagle v. SmylieMichigan Supreme Court · 1901
- Bank of Commerce v. FowlerWisconsin Supreme Court · 1896
7 more not listed; retrieve them via the Exa API.