Legal Opinion

Aiken v. Timm

Supreme Court of Minnesota

Decided December 10, 1920No. 21,976PublishedCited by 7 opinions

Action in tbe district court for Itasca county to set aside a conveyance of real property as fraudulent. The answer alleged, among other matters, that since acquiring title and possession of the land defendants had placed improvements thereon and paid taxes amounting to $3,600, including interest on the mortgage; that these payments were made prior to any actual notice of plaintiff’s claim or the claim upon which the action was founded.

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Action in tbe district court for Itasca county to set aside a conveyance of real property as fraudulent. The answer alleged, among other matters, that since acquiring title and possession of the land defendants had placed improvements thereon and paid taxes amounting to $3,600, including interest on the mortgage; that these payments were made prior to any actual notice of plaintiff’s claim or the claim upon which the action was founded. The case was tried before McClenahan, J., who made findings and as conclusions of law found that the conveyance was fraudulent and void; that defendants had…

1Opinion of the CourtBrown, C. J.

This action was brought by plaintiff, as receiver in statutory sequestration proceedings, against the Old Colony Land Company, an insolvent corporation, to set aside a conveyance of certain real property owned by the corporation alleged to have been fraudulent and void as to creditors. Plaintiff had judgment and defendants appealed from an order denying a new trial.

The facts as disclosed by the findings of fact made by the trial court are substantially as follows: The Old Colony Land Company is a *319Minnesota corporation and insolvent and unable to pay its debts. Tbe company owned the tract of…

2Cases cited7 opinions

  1. Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
  2. Taylor v. MitchellSupreme Court of Minnesota · 1900
  3. Minnesota Loan & Trust Co. v. Peteler Car Co.Supreme Court of Minnesota · 1916
  4. Redmond v. HayesSupreme Court of Minnesota · 1912
  5. Coons v. LemieuSupreme Court of Minnesota · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. O'Neil v. O'NeilSupreme Court of Minnesota · 1921
  2. McHardy v. StateSupreme Court of Minnesota · 1943
  3. Swanson v. Tomlinson Lumber Mills, Inc.Supreme Court of Minnesota · 1976
  4. Cieluch v. Economy Tire & Battery Co.Supreme Court of Minnesota · 1940
  5. Nelson v. HelmbrechtSupreme Court of Minnesota · 1923

2 more not listed; retrieve them via the Exa API.

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