First State Bank v. O'Leary
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. 0. Andrews, Judge. Action by the First State Bank of Elkton against Mary O'Leary and others to set aside a conveyance as fraudulent as to creditors. From a judgment in favor of defendants, plaintiff appeals.
1Opinion of the CourtHaney, J.
This is an action to subject certain realty, record title to which is in defendant Mary O'Leary, to the satisfaction of a judgment against her husband, on the theory that it was conveyed to her with intent to delay and defraud her husband's creditors. Plaintiff appeals from a judgment in favor of the O'Leary’s, and from an order denying a new trial.
It is contended that the evidence is not sufficient to justify the decision. The only material issues raised by the pleadings are whether the transfer from Con O’Leary to his wife was made with intent to delay and defraud bis creditors, and whether…
2Cases cited2 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Williams v. HarrisSouth Dakota Supreme Court · 1893
3Cited by2 opinions
- Rasmussen v. ChambersNorth Dakota Supreme Court · 1925
- Wannemacher v. MerrillNorth Dakota Supreme Court · 1911