Hamlin v. Jones
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. One Lloyd obtained a judgment against John Jones in December, 1864, for $289.47, and execution having been returned “no property,” supplementary proceedings were had, in which C. B. Hamlin was appointed receiver; and he brought this action to set aside, as fraudulent against creditors, a conveyance of 320 acres of land which Jones had made to his son on the 4th of May, 1860; which land the son, on the same day, conveyed to…
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APPEAL from the Circuit Court for Winnebago County. One Lloyd obtained a judgment against John Jones in December, 1864, for $289.47, and execution having been returned “no property,” supplementary proceedings were had, in which C. B. Hamlin was appointed receiver; and he brought this action to set aside, as fraudulent against creditors, a conveyance of 320 acres of land which Jones had made to his son on the 4th of May, 1860; which land the son, on the same day, conveyed to his mother, Mary Jones. It was admitted on the trial that John Jones entered the land in question in February, 1848, and…
1Opinion of the CourtDowner, J.
By tbe principles of tbe common law, when tbe real estate of tbe wife is sold and by bnsband and wife conveyed, tbe moneys arising from snob sale are tbe property of tbe bnsband and subject to bis debts. Tbe title, therefore, to tbe land ordered to be conveyed to tbe receiver was rightly taken by tbe husband, John Jones, in bis own name when be purchased it of tbe United States, and it was bis own. Tbe conveyances from tbe husband and wife to their son, and from tbe son to bis mother, were fraudulent and void as to Lloyd, tbe plaintiff in tbe judgment; and tbe circuit court rightly found that…
2Cited by1 opinion
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