Farwell v. Gundry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Henry S. Clauer executed a voluntary assignment, for the benefit of his creditors, of all his property not exempt by law from seizure for his debts, to Joseph H. Gunclop, in«attempted compliance with the statute in that behalf. E. S., 497, ch. 80. Gunclry took possession of the property so assigned, and proceeded to execute the trusts of the assignment.
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APPEAL from the Circuit Court for Iowa County. Henry S. Clauer executed a voluntary assignment, for the benefit of his creditors, of all his property not exempt by law from seizure for his debts, to Joseph H. Gunclop, in«attempted compliance with the statute in that behalf. E. S., 497, ch. 80. Gunclry took possession of the property so assigned, and proceeded to execute the trusts of the assignment. Afterwards the plaintiffs recovered a judgment against Clauer, issued execution thereon, and caused Gunclry to be summoned as garnishee of Clauer. Gundry answered to the garnishee process, setting…
1Opinion of the CourtLyon, J.
Tbe case is witbin very narrow limits. It involves but a single question, tbe solution of which is not difficult. Save the omission from the inventory of the parcel of land mentioned in the findings of fact, the proceedings in the execution of. the assignment are in strict compliance with the requirements of the statute in every particular. The proofs fully sustain the finding that the omission of that tract was by mistake. It was, however, a mistake of law, the parties to the assignment supposing the law exempted a homestead of forty acres to the assignor, when it only exempted one-fourth of…
2Cited by6 opinions
- Batten v. SmithWisconsin Supreme Court · 1885
- Campfield v. LangU.S. Circuit Court for the District of Eastern Wisconsin · 1885
- Haben v. HarshawWisconsin Supreme Court · 1884
- Mather v. McMillanWisconsin Supreme Court · 1884
- Batten v. RichardsWisconsin Supreme Court · 1887
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