Tupper v. Thompson
Supreme Court of Minnesota
Action to recover possession of two horses, alleged in the complaint to belong to plaintiff, and to have been taken from his possession by defendant. In his answer the defendant denied plaintiff’s title, alleged title in one H. W. Tapper, plaintiff’s father, and justified the taking, as sheriff, under an execution against D. W. Tupper.
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Action to recover possession of two horses, alleged in the complaint to belong to plaintiff, and to have been taken from his possession by defendant. In his answer the defendant denied plaintiff’s title, alleged title in one H. W. Tapper, plaintiff’s father, and justified the taking, as sheriff, under an execution against D. W. Tupper. At the trial in the district court for Hennepin county, before Young, J., the plaintiff testified that the horses had been given to him by his father. The defendant offered in evidence the judgment roll and execution under which he took the property, showing…
1Opinion of the CourtCornell, J.
A voluntary transfer of personal property by an insolvent debtor, by gift, or upon the consideration of a promised future support of the debtor, necessarily tends to prejudice and delay the just claims of his creditors, and is prima facie evidence of a fraudulent intent. The result in either case is to place the property beyond the reach of creditors, and, in the latter, to secure to the debtor the use and benefit of its avails. As against the creditors, the law pronounces such a transaction fraudulent and void, and ineffectual to pass any title from the debtor. The attempted transfer may be…
2Cases cited3 opinions
- City of Saint Paul v. LaidlerSupreme Court of Minnesota · 1858
- Henry v. HinmanSupreme Court of Minnesota · 1878
- Hollinshead v. Von GlahnSupreme Court of Minnesota · 1860
3Cited by16 opinions
- Mason v. VestalCalifornia Supreme Court · 1891
- Thysell v. McDonaldSupreme Court of Minnesota · 1916
- United States v. SteenersonCourt of Appeals for the Eighth Circuit · 1892
- Kenney v. GoergenSupreme Court of Minnesota · 1886
- Jackson v. HolbrookSupreme Court of Minnesota · 1887
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