Kettleschlager v. Ferrick
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Action by Herbert Kettlesch’ager against Mike Ferrick and another, to set aside as fraudulent a deed to real property. From a judgment for defendants, plaintiff appeals.
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Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Action by Herbert Kettlesch’ager against Mike Ferrick and another, to set aside as fraudulent a deed to real property. From a judgment for defendants, plaintiff appeals. A homestead cannot be legally transferred by a husband to his wife without consideration and for the purpose of withholding such property from existing and subsequent creditors in case they should remove therefrom and with other funds purchase and occupy a different homestead. Taylor v. Ferguson, 26 S. W. 46; Rives v. Stephens, 28 S. W. 707; Delaslimut…
1Opinion of the CourtFuller, P. J.
This action by a judgment creditor to set aside, as fraudulent, a deed absolute in forrr, executed on the 27th day of July, 1887, by the defendant Mike Ferrick to his wife, the defendant Bridget Ferrick, resulted in a judgment dismissing the complaint, with costs, and plaintiff appeals. The facts essential to a determination of the Jaw governing the case are undisputed, and these: When this deed was executed, and contiuously thereafter, until the year 1894, respondents occupied the premises described therein as their homestead. No consideration was ever paid for the deed, and the conveyance…
2Cases cited4 opinions
- Cox v. ShropshireTexas Supreme Court · 1860
- Baines v. BakerTexas Supreme Court · 1883
- Woods v. AllenSupreme Court of Iowa · 1899
- Taylor v. FergusonTexas Supreme Court · 1894
3Cited by6 opinions
- Beall v. PinckneyCourt of Appeals for the Fifth Circuit · 1945
- Keller v. FlanaganMontana Supreme Court · 1923
- Congress Candy Co. v. Farmer SellNorth Dakota Supreme Court · 1944
- Citizens Nat. Bank at Brownwood v. TurnerCourt of Appeals for the Fifth Circuit · 1937
- Peoples State Bank v. KarlenSouth Dakota Supreme Court · 1921
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