McKillip v. Farmers' State Bank of Des Lacs
North Dakota Supreme Court
Appeal from tbe District Corfrt of Ward County, Leighton, J. Action to determine adverse claims to real estate. Judgment for Plaintiff. Defendant appeals. There was constructive fraud in tbe transfer of the' property in question. Tbe failure of an honest grantee to place bis deed of record is held to operate as an estoppel in favor of tbe creditors of tbe grantor. It is negligence, and constitutes constructive fraud.
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Appeal from tbe District Corfrt of Ward County, Leighton, J. Action to determine adverse claims to real estate. Judgment for Plaintiff. Defendant appeals. There was constructive fraud in tbe transfer of the' property in question. Tbe failure of an honest grantee to place bis deed of record is held to operate as an estoppel in favor of tbe creditors of tbe grantor. It is negligence, and constitutes constructive fraud. Smith v. Cleaver, 25 S. D. 351, 126 N. W. 589; Rev. Codes 1905, § 5294; ITopkins v. Joyce, 18 Wis. 443, 47 N. W. 722. Tbe defendant bad a lien and could have maintained an…
1Opinion of the CourtBbuce, J.
This is an action to determine adverse claims to real estate. Its direct object is to have the lien of an attachment set aside. This attachment was issued in an action not against the plaintiff and respondent, but against her father and grantor, Thomas McKillip, and the question to be determined is the validity of the conveyance to his daughter, and whether the land on which the attachment was levied belonged to the father and debtor, Thomas McKillip', or to his daughter, the plaintiff and respondent herein. The land was deeded to Nora McKillip, on the 15th day of March, 1910, and the…
2Cases cited12 opinions
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Monroe v. May, Weil & Co.Supreme Court of Kansas · 1872
- Baldwin v. RogersSupreme Court of Minnesota · 1881
- Dalrymple v. Security Improvement Co.North Dakota Supreme Court · 1902
- Englert v. DaleNorth Dakota Supreme Court · 1913
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3Cited by8 opinions
- McGuigan v. HeuerNorth Dakota Supreme Court · 1936
- Finch, Van Slyke & McConville v. StyerNorth Dakota Supreme Court · 1924
- Congress Candy Co. v. Farmer SellNorth Dakota Supreme Court · 1944
- Murie v. HartzellNorth Dakota Supreme Court · 1929
- Strampher v. HupeNorth Dakota Supreme Court · 1931
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