Hanscom v. Herrick
Supreme Court of Minnesota
In this action the plaintiff, a judgment creditor of the defendant Moses Herrick, sought to have a trust declared in his favor in a certain eighty acres of land in Wabasha county, alleged to have been conveyed, on November 21, 1872, by one J. C. Hassinger and his wife to the defendant Sarah, for a consideration paid by the defendant Moses, and in fraud of the latter’s creditors.
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In this action the plaintiff, a judgment creditor of the defendant Moses Herrick, sought to have a trust declared in his favor in a certain eighty acres of land in Wabasha county, alleged to have been conveyed, on November 21, 1872, by one J. C. Hassinger and his wife to the defendant Sarah, for a consideration paid by the defendant Moses, and in fraud of the latter’s creditors. The action was tried in the district court for Wabasha county, before Van Dyke, J., upon whose findings a judgment was entered for the defendants, from which the plaintiff appeals. The only question in the case is,…
1Opinion of the CourtBerry, J.
The counsel for the plaintiff presented and pressed his construction of the answer in this action, with so much ingenuity and earnestness upon the argument at bar, that we have hesitated long before announcing our inability to agree with him. The counsel appears to us to have erred in confining the effect of the amendments of the original answer to the portions amended, overlooking the fact that an amended answer is the only answer in a case, and is to be construed as if it were the only one which had been interposed. Every part of such amended answer is to be looked at with relation to every…
2Cited by6 opinions
- Pleins v. WachenheimerSupreme Court of Minnesota · 1909
- First State Bank v. C. E. Stevens Land Co.Supreme Court of Minnesota · 1912
- Hull v. BurrSupreme Court of Florida · 1911
- Bausman v. WoodmanSupreme Court of Minnesota · 1885
- Nelson v. GytriSupreme Court of Minnesota · 1921
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