Liver v. Thielke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county; James J. Dtck, Circuit Judge.' The plaintiff is a judgment creditor of the defendant John Frey. An execution having been issued and returned unsatisfied, the plaintiff brings this action in aid of execution to set aside a deed from Frey to his wife, the defendant Augusta, and a mortgage given by the wife to defendant Thielhe.
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Appeal from a judgment of the circuit court for Dodge county; James J. Dtck, Circuit Judge.' The plaintiff is a judgment creditor of the defendant John Frey. An execution having been issued and returned unsatisfied, the plaintiff brings this action in aid of execution to set aside a deed from Frey to his wife, the defendant Augusta, and a mortgage given by the wife to defendant Thielhe. The facts material to the questions involved, au found by the court, may be stated as follows: On May 18, 1901, John Frey was insolvent. On that day he executed and delivered to his wife a deed of about sixty…
1Opinion of the CourtBaedeeit, J.
If it be conceded that Mrs. Frey had legal authority to execute a mortgage to her father to secure his claim against her husband, still, if such mortgage was not given to secure a bona fide indebtedness, it was fraudulent as *392to creditors and should he set aside. At the time this mortgage was given John Frey was utterly insolvent, and this fact was known to the mortgagee. He was present when the frandnlent deed from John Frey to his wife was given. He knew Frey was deeply in debt. He knew the deed was without consideration. While these facts alone perhaps would not have prevented his taking…
2Cases cited4 opinions
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Butts v. PeacockWisconsin Supreme Court · 1868
- Kellogg v. ClyneCourt of Appeals for the Eighth Circuit · 1893
- Bradley Co. v. PaulWisconsin Supreme Court · 1896
3Cited by1 opinion
- Banking Commission v. BuchananWisconsin Supreme Court · 1938