Martin v. Remington
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Süthebland, Judge. This is an action in the nature of a creditors’ hill to set aside certain conveyances of real estate made by the defendant Alvah Remington to his wife, as frauds upon creditors.
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Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Süthebland, Judge. This is an action in the nature of a creditors’ hill to set aside certain conveyances of real estate made by the defendant Alvah Remington to his wife, as frauds upon creditors. The facts were that on the 19th of October, 1892, Afoiah, with others, guaranteed the payment of a note and mortgage given by a real-estate company upon certain lands in the town of Lake for the sum of $9,000, and the plaintiff thereupon purchased the same. On the 5th of June, 1895, the plaintiff commenced an action of…
1Opinion of the CourtWinslow, J.
This is a contest between the wife and a creditor of the husband as to property conveyed by the husband to the wife at the time of the commencement of an action by the creditor to recover his debt. In such case, the principle is well established that the wife has the burden of showing, by clear and satisfactory evidence, that she paid for the property out of her separate estate. Le Saulnier v. Krueger, 85 Wis. 214. The reasons for this rule are well *546stated in Hoxie v. Price, 31 Wis. 82, and the authorities in support of it are cited in Horton v. Dewey, 53 Wis. 410.
It is not claimed in the…
2Cases cited11 opinions
- Karr v. WashburnWisconsin Supreme Court · 1882
- Hyde v. ChapmanWisconsin Supreme Court · 1873
- Horton v. DeweyWisconsin Supreme Court · 1881
- Hopkins v. JoyceWisconsin Supreme Court · 1891
- Boyer v. LibeyIndiana Supreme Court · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Farmers & Merchants Bank v. DaikerSupreme Court of Iowa · 1914
- Martin v. MartinWisconsin Supreme Court · 1918
- Hathaway v. ArnoldWisconsin Supreme Court · 1914
- Friedrich v. HuthWisconsin Supreme Court · 1913
- Marshall v. MarshallWisconsin Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.