Baldwin v. Frisbie
Wisconsin Supreme Court
Appeal from a judgment and an order of tbe circuit court for Oconto county: W. B. QuiNLAN, Circuit Judge. Tbe action was brought to set aside a transfer of real estate and personal property on tbe grounds of fraud and a total failure of consideration. In April, 1911, and prior thereto, Marion G-. Erisbie, deceased, owned and operated a machine shop at the village of Gillett.
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Appeal from a judgment and an order of tbe circuit court for Oconto county: W. B. QuiNLAN, Circuit Judge. Tbe action was brought to set aside a transfer of real estate and personal property on tbe grounds of fraud and a total failure of consideration. In April, 1911, and prior thereto, Marion G-. Erisbie, deceased, owned and operated a machine shop at the village of Gillett. In April, 1911, he executed to his wife, Addie G. Frisbie, one of the defendants in this action, a quitclaim deed whereby he conveyed all of his real estate and assigned all of his personal property to her for the…
1Opinion of the CourtSiebeckee, J.
Tbe findings of tbe trial court are fully sustained by tbe evidence and cannot be disturbed on this appeal. It is clearly estáblished that tbe plaintiff was a creditor of tbe estate of Marion G. Frisbie, deceased; that bis claim bad been duly allowed against decedent’s estate by tbe county court; that plaintiff and other creditors whose claims have been allowed against tbe estate by tbe county court have not received payment of their claims from tbe administrator of decedent’s estate because such administrator bad no property of tbe estate to apply in payment of tbe same, and that tbe…
2Cases cited3 opinions
- Sommermeyer v. SchwartzWisconsin Supreme Court · 1894
- Bank of Commerce v. FowlerWisconsin Supreme Court · 1896
- Zimmerman v. BannonWisconsin Supreme Court · 1898
3Cited by3 opinions
- Blixt v. JanowiakWisconsin Supreme Court · 1922
- Massey v. RichmondWisconsin Supreme Court · 1932
- State Deptartment of Public Welfare v. LeMereWisconsin Supreme Court · 1963