Legal Opinion

Bloom v. Moy

Supreme Court of Minnesota

Decided June 2, 1890PublishedCited by 10 opinions

Action brought in the district court for Carver county, by plaintiff, a judgment creditor of Samuel Moy, to set aside as fraudulent a conveyance from that defendant to the defendant Fritz Moy. At the trial, before Edson, J., a dismissal was ordered at the close of plaintiff’s case. A_ new trial was refused, and the plaintiff appealed.

1Opinion of the Court

Gilfillan, C. J.1

The action was properly dismissed. "When a judgment creditor, or one claiming through the judgment, brings an action to set aside, as fraudulent as to creditors, a conveyance of real estate by the judgment debtor prior to the judgment, he must show that the debt for which the judgment was rendered existed at the time' of the conveyance. The judgment does not, as against strangers to it, prove the antecedent existence of the debt for which it was rendered. Bruggerman v. Hoerr, 7 Minn. 261, (337;) Braley v. Byrnes, 20 Minn. 389, (435;) County of Olmsted v. Barber, 31 Minn. 256,…

2Cases cited4 opinions

  1. County of Olmsted v. BarberSupreme Court of Minnesota · 1883
  2. Hartman v. WeilandSupreme Court of Minnesota · 1886
  3. City of St. Paul v. MerrittSupreme Court of Minnesota · 1862
  4. Bruce v. County Commissioners of Dodge CountySupreme Court of Minnesota · 1874

3Cited by10 opinions

  1. Coleman v. HageySupreme Court of Missouri · 1913
  2. Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1956
  3. Schmitt v. DahlSupreme Court of Minnesota · 1903
  4. Burton v. PlatterCourt of Appeals for the Eighth Circuit · 1893
  5. Fullington v. Northwestern Importers' & Breeders' Ass'nSupreme Court of Minnesota · 1892

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