Legal Opinion

Salemonson v. Thompson

North Dakota Supreme Court

Decided February 26, 1904PublishedCited by 10 opinions

Appeal from District Court, Grand Forks county; Fisk, J. Action by Thone Salemonson against Julia Thompson. Judgment for plaintiff, and defendant appeals. A conveyance fraudulent as to existing creditors, is fraudulent and may be avoided by subsequent creditors as well. Rev. Codes, 1-899 section 5052. Romans v. Maddux, 41 N. W. 763; Day v. Cooley, 118 Mass. 527; McLane v. Johnston, 43 Vt. 48; Nichols v. Ward, 73 Am.

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Appeal from District Court, Grand Forks county; Fisk, J. Action by Thone Salemonson against Julia Thompson. Judgment for plaintiff, and defendant appeals. A conveyance fraudulent as to existing creditors, is fraudulent and may be avoided by subsequent creditors as well. Rev. Codes, 1-899 section 5052. Romans v. Maddux, 41 N. W. 763; Day v. Cooley, 118 Mass. 527; McLane v. Johnston, 43 Vt. 48; Nichols v. Ward, 73 Am. Dec. 177; Whitmore v. Woodard, 28 Me. 392; Smyth v. Carlyle, J6 N. H. 464; 14 Enc. of Law. 269. Defendant seduced by Myrom and pregnant by him, was a creditor at time of…

1Opinion of the Court

Young, C. J..This is an action to determine adverse claims to 160 acres of land situated in Grand Forks county. The complaint is substantially in the form prescribed by chapter 5, p. 9 Laws 1901. The plaintiff alleges that she has an estate in fee simple in the premises, and is in possession; that the defendant claims an interest therein; and prays that said defendant be required to set forth such adverse claim, to the end that its validity and priority may be determined. The defendant in her answer alleges, among other things, that on and prior to the 10th day of October, 1901, the land in…

2Cases cited66 opinions

  1. Cooper v. ReynoldsSupreme Court of the United States · 1870
  2. Freeman v. AldersonSupreme Court of the United States · 1886
  3. Woodruff v. TaylorSupreme Court of Vermont · 1847
  4. Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
  5. Candee v. . LordNew York Court of Appeals · 1849

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3Cited by10 opinions

  1. Baird v. MeyerNorth Dakota Supreme Court · 1927
  2. Johnson v. RutherfordNorth Dakota Supreme Court · 1914
  3. McGuigan v. HeuerNorth Dakota Supreme Court · 1936
  4. Merchants National Bank v. CollardNorth Dakota Supreme Court · 1916
  5. Nelson v. ThompsonNorth Dakota Supreme Court · 1907

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