Miller v. Kettenbach
Idaho Supreme Court
'APPEAL from tbe District Court of tbe Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. An action to release an estate from its liability upon a contract of guaranty entered into by tbe decedent. Only by a distinct suit brought in equity can all of these matters be tried and determined and can all of tbe necessary and proper parties be made parties to tbe action.
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'APPEAL from tbe District Court of tbe Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. An action to release an estate from its liability upon a contract of guaranty entered into by tbe decedent. Only by a distinct suit brought in equity can all of these matters be tried and determined and can all of tbe necessary and proper parties be made parties to tbe action. Tbe fact that these claims are characterized as a probate matter does not clothe this fraudulent transaction with tbe character of such probate matter. It is a distinct matter in itself, and must be…
1Opinion of the CourtStewart, J.
This is a most comprehensive case, comprehensive in extent of record, in the extent of the briefs and in the manifold questions presented upon the argument. Counsel for appellant opens the discussion of this case with the following statement:
*255“This action is brought to release a guarantor from the payment of certain promissory notes, on the ground that the payee of said notes participated in the fraudulent conveyance of the principal debtor’s property.
“It is neither an- action to set aside a conveyance, on the ground that it was made with intent to defraud creditors, nor an action to…
2Cases cited14 opinions
- United States v. SmithSupreme Court of the United States · 1877
- Atlantic Delaine Co. v. JamesSupreme Court of the United States · 1877
- Ada County v. GessIdaho Supreme Court · 1895
- Shain v. BelvinCalifornia Supreme Court · 1889
- County of Ada v. Bullen Bridge Co.Idaho Supreme Court · 1896
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3Cited by3 opinions
- Lambertson v. National Investment & Finance Co.Supreme Court of Iowa · 1925
- International Supply Co. v. Bryan & Emery, Inc.Supreme Court of Oklahoma · 1933
- Bank Savings Life Insurance v. WoodSupreme Court of Kansas · 1927