Legal Opinion

McKennett v. Barringer

South Dakota Supreme Court

Decided May 26, 1896Published

Appeal from circuit court, Day county. Hon. A. W. Campbell, Judge. Action to vacate a conveyance of real property, and to compel the execution of a quit claim deed. From a decree for plaintiff, defendants appeal. The facts are stated in the opinion.

1Opinion of the CourtFuller, J.

Plaintiff, a judgment creditor, to whom it is alleged a certificate of sale on execution had been issued, instituted this action against the defendants, to obtain a decree in equity vacating, upon the ground of fraud as to creditors, a conveyance of real property by Phillip J. Barringer to Sarah A. Bar-ringer, his mother, and to require the latter to transfer, to the person entitled thereto, the legal title to said real estate, by quit claim deed. A trial to the court without a jury, resulted in findings of fact and conclusions of law against the defendants, and favorable to plaintiff, upon…

2Cases cited3 opinions

  1. Kent v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
  2. Hroch v. Aultman & Taylor Co.South Dakota Supreme Court · 1893
  3. Deiber v. LoehrSupreme Court of Minnesota · 1890

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