Fluegel v. Henschel
North Dakota Supreme Court
Appeal from District Court, Cass County; Lauder, J. Action by William Fluegel, Jr., against Frank Henschel, Julia A. Henschel, F. W. Froemke, and Richard Crozier, to set aside a conveyance as fraudulent. From a judgment dismissing the action, plaintiff appeals. ' The moment Froemke knew a suit had been commenced, he was aware that the bona fides of the land transfer were involved.
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Appeal from District Court, Cass County; Lauder, J. Action by William Fluegel, Jr., against Frank Henschel, Julia A. Henschel, F. W. Froemke, and Richard Crozier, to set aside a conveyance as fraudulent. From a judgment dismissing the action, plaintiff appeals. ' The moment Froemke knew a suit had been commenced, he was aware that the bona fides of the land transfer were involved. This notice was before full payment and as to moneys subsequently paid he was not a bona fide purchaser. Bump. Fraud. Conv. 477-478; 2 Bigelow on Fraud. 473; Merritt v. Lambert, 6 Hoffman Ch. Repts. 1103. He is…
1Opinion of the CourtBartholomew, J.
The plaintiff, Fluegel, is a judgment creditor of the defendant Frank Henschel. Execution on said judgment having been returned nulla bona, he brought his action to *278set aside as fraudulent the conveyance of a certain quarter section of land, made by Frank Henschel and Julia Henschel, his wife, to F. W. Froemke. Froemke is a brother to Mrs Henschel. Crozier was a mere nominal defendant. Nothing was claimed as against him, and he made no appearance. All the allegations of fraud contained in the complaint were put in issue by the joint answer of the other defendants. The trial court found that…
2Cases cited38 opinions
- Clements v. MooreSupreme Court of the United States · 1868
- Baker v. . BlissNew York Court of Appeals · 1868
- Stearns v. . GageNew York Court of Appeals · 1879
- Jewett v. PalmerNew York Court of Chancery · 1823
- Washington & Idaho Railroad Co. v. Coeur D'Alene Railway & Navigation Co.Idaho Supreme Court · 1889
33 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dalrymple v. Security Loan & Trust Co.North Dakota Supreme Court · 1900
- Cioli v. KenourgiosCalifornia Court of Appeal · 1922
- First National Bank v. MensingNorth Dakota Supreme Court · 1920
- Merchants National Bank v. CollardNorth Dakota Supreme Court · 1916
- Halloran v. HolmesNorth Dakota Supreme Court · 1904
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