Hyde v. Chapman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bode County. The following statement of the case was prepared by Mr. Justice Cole as a part of his opinion : “ One of the objects of this suit is to set aside a deed executed by the defendant B. A. G hapman to his codefendant James A. Chapman, February 1, 1869, upon the ground' that such deed is fraudulent and void as to creditors.
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APPEAL from the Circuit Court for Bode County. The following statement of the case was prepared by Mr. Justice Cole as a part of his opinion : “ One of the objects of this suit is to set aside a deed executed by the defendant B. A. G hapman to his codefendant James A. Chapman, February 1, 1869, upon the ground' that such deed is fraudulent and void as to creditors. The plaintiff is a judgment creditor of the firm of N. 0. Perkins & Co., of which firm B. A. Chapman was a member. He obtained his judgment against the firm November 22, 1869, for $601.49, damages and costs; and issued an…
1Opinion of the CourtCole, J.
It is claimed on the part of the defendant James A. Chapman, that there was no sufficient evidence in the case which warranted the court in finding that the conveyance from B. A. Chapman to him was without adequate consideration and fraudulent as to creditors. It seems to us that this is so. There does not appear to have been any serious effort made on the trial by the plaintiff to support the charge that the deed was executed by B. A. Chapman with a fraudulent intent. This was a question of fact, and could only be established by competent evidence. It did indeed appear that the firm of N. 0/…
2Cases cited4 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Foote v. . BryantNew York Court of Appeals · 1872
- Gates v. BoomerWisconsin Supreme Court · 1863
- Bunker v. RandWisconsin Supreme Court · 1865
3Cited by22 opinions
- Wills v. RossIndiana Supreme Court · 1881
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Weight v. JonesIndiana Supreme Court · 1886
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Gilbert v. StockmanWisconsin Supreme Court · 1892
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