Oppenheimer v. Collins
Wisconsin Supreme Court
Appeal from a judgment of the cirouit court for Douglas county: A. J. ViNJE, Circuit Judge. In 1894 and 1895 judgments were recovered and docketed in Douglas county, Wisconsin, against John Collins, Jr., which judgments, at the time of the commencement of this action, were unsatisfied, and were the property of the plaintiffs.
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Appeal from a judgment of the cirouit court for Douglas county: A. J. ViNJE, Circuit Judge. In 1894 and 1895 judgments were recovered and docketed in Douglas county, Wisconsin, against John Collins, Jr., which judgments, at the time of the commencement of this action, were unsatisfied, and were the property of the plaintiffs. Thereafter, at a date not proved, but prior to September, 1900, the father of John Collins, Jr., died intestate in Douglas county, leaving an estate of about $4,800, partly real and partly personal; but the amounts of the respective classes of property are left wholly…
1Opinion of the CourtDodge, J.
The first question naturally arising on this appeal is as to the efficacy, as against creditors, of the attempted conveyance by John Collins, Jr., to his wife, of his interest in his father’s estate. The decisions of this court are substantially without conflict that a conveyance from husband to wife, in order to be of any validity against his creditors, must not only have been made in entire good faith, and without intent to hinder, delay, or defraud them, but also must be upon a valuable consideration, paid out of her separate estate, or by a third person for her. To this end, of course,…
2Cases cited11 opinions
- Horton v. DeweyWisconsin Supreme Court · 1881
- Rozek v. RedzinskiWisconsin Supreme Court · 1894
- Hopkins v. JoyceWisconsin Supreme Court · 1891
- Baum v. BaumWisconsin Supreme Court · 1901
- Level Land Co. No. 3 v. SivyerWisconsin Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915
- First National Bank of Fairbanks v. EnzlerAlaska Supreme Court · 1975
- Kistler v. KistlerWisconsin Supreme Court · 1910
- McCormick Harvesting Machine Co. v. PerkinsSupreme Court of Iowa · 1906
- Williams v. SmithWisconsin Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.