Ellis v. Southwestern Land Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Eau Claire county: James O’ETeill, Circuit Judge. A demurrer was sustained to the plaintiff’s complaint on the ground that it failed to state facts sufficient to constitute a cause of action.
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Appeal from an order of the circuit court for Eau Claire county: James O’ETeill, Circuit Judge. A demurrer was sustained to the plaintiff’s complaint on the ground that it failed to state facts sufficient to constitute a cause of action. The alleged cause of action may be briefly stated as follows: The plaintiff, H. O. Ellis, executed an undertaking to pay costs on an appeal and damages, if the judgment was affirmed, in an action wherein one Whereatt was plaintiff and the defendant J. E. Ellis was defendant. The condition of the undertaking was broken, and a judgment, yet unpaid, was entered…
1Opinion of the CourtBabdeest, J.
Eor many years the law has been settled in this state that a creditor is not entitled to maintain an action in equity to set aside a fraudulent conveyance until he has exhausted his remedy at law by obtaining a judgment against his debtor, issuing execution thereon, and having it returned unsatisfied. Montague v. Horton, 12 Wis. 599; Gilbert v. Stockman, 81 Wis. 602; Weber v. Weber, 90 Wis. 467; French L. Co. v. Theriault, 107 Wis. 627. As between the parties and their representatives, a conveyance in fraud of creditors is valid and binding. One of the first requirements that must exist to…
2Cases cited10 opinions
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Barth v. GrafWisconsin Supreme Court · 1898
- Dobie v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1897
- Taylor v. CoonWisconsin Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mueller v. BrussWisconsin Supreme Court · 1901
- Level Land Co. No. 3 v. SivyerWisconsin Supreme Court · 1901
- Corry v. SheaWisconsin Supreme Court · 1910
- Luce v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1936
- Saunders v. SaundersIdaho Supreme Court · 1930