Pike v. Miles
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Action by judgment creditors of Frederick B. Miles, against said Frederick and Ella V. Miles, .bis wife, and one Miller, to have certain conveyances of real property from said Frederick to Miller, July 10, 1865, and from tbe latter immediately (and as a part of tbe same transaction) to said Ella Y. Miles, set aside, as fraudulent, and for tbe appointment of a receiver, etc. Tbe defendants answered severally.
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APPEAL from tbe Circuit Court for Milwaukee County. Action by judgment creditors of Frederick B. Miles, against said Frederick and Ella V. Miles, .bis wife, and one Miller, to have certain conveyances of real property from said Frederick to Miller, July 10, 1865, and from tbe latter immediately (and as a part of tbe same transaction) to said Ella Y. Miles, set aside, as fraudulent, and for tbe appointment of a receiver, etc. Tbe defendants answered severally. Tbe facts relied upon to sbow that said conveyances were not fraudulent, will appear from tbe opinion. Tbe circuit court beld tbe…
1Opinion of the CourtPaine, J.
The court below found, and the proof sustains the finding, that at the time Frederick B. Miles conveyed his homestead to his wife, he was worth $75,000, over and above his debts, exclusive of the homestead itself. The homestead was worth about $40,000, containing something over the quarter of an acre which by law was exempt from execution, the excess being of the value of from $4,000 to $5,000.
This court has decided, in Dreutzer v. Bell, 11 Wis. 118, that a conveyance of the homestead by the husband to.the wife cannot be held fraudulent as to creditors, for the reason that, being exempt, it…
2Cases cited6 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Carpenter v. . RoeNew York Court of Appeals · 1851
- Dreutzer v. BellWisconsin Supreme Court · 1860
- Lyman v. CessfordSupreme Court of Iowa · 1863
- De Forest v. HuntSupreme Court of Connecticut · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Rozek v. RedzinskiWisconsin Supreme Court · 1894
- Dayton v. WalshWisconsin Supreme Court · 1879
- Sommermeyer v. SchwartzWisconsin Supreme Court · 1894
15 more not listed; retrieve them via the Exa API.