Sutherland v. Noggle
North Dakota Supreme Court
Appeal from the District Court of Stark County, Crawford, J. Remanded for a new trial. The question of the fraudulent intent is one of fact, and not of law, under our statute, and no transfer of property may be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.
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Appeal from the District Court of Stark County, Crawford, J. Remanded for a new trial. The question of the fraudulent intent is one of fact, and not of law, under our statute, and no transfer of property may be adjudged fraudulent solely on the ground that it was not made for a valuable consideration. Black Hills Mercantile Co. v. Gardiner, 5 S. D. 246, 58 N. W. 557; Dalrymple v. Security Loan & T. Co. 9 N. D. 306, 83 N. W. 245. Nor will the relationship of the parties alone afford such-ground. Eluegel v. Henschel, 7 N. D. 276, 66 Am. St. Rep. 642, 74 N. W. 996. The grantor in an alleged…
1Per curiam
This is an action to quiet title to a tract of land in Stark county, and 1 *542to restrain the sheriff of said county from selling the same upon an execution issued upon a judgment rendered in an action in the district court of Stark county, entitled William J. Noggle, Plaintiff, v. G. W. McClellan, Defendant.
The trial court made the following findings of fact and conclusions óf law: •
Findings of fact.
1. That plaintiff, S. S. Sutherland, is a brother-in-law of said McClellan, and that Mark Sutherland is the father of plaintiff and the father-in-law of said McClellan.
2. That William J. Noggle was…
2Cases cited5 opinions
- Greenleve, Block & Co. v. BlumTexas Supreme Court · 1883
- Landis v. KnightNorth Dakota Supreme Court · 1912
- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Williams County State Bank v. GallagherNorth Dakota Supreme Court · 1916
- Merchants National Bank v. CollardNorth Dakota Supreme Court · 1916
3Cited by12 opinions
- Rovenko v. BokovoyNorth Dakota Supreme Court · 1950
- King v. TallmadgeNorth Dakota Supreme Court · 1920
- Remmich v. WagnerNorth Dakota Supreme Court · 1950
- Drivdahl v. International Harvester Co. of AmericaNorth Dakota Supreme Court · 1919
- County of Hettinger v. TrousdaleNorth Dakota Supreme Court · 1939
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