Smith v. Schmitz
Nebraska Supreme Court
This was an action in equity brought in the district court of Butler county to set aside an alleged fraudulent conveyance of certain real property by defendant William Schmitz to defendant Charles Schmitz, and subject the same to the payment of a judgment recovered by plaintiffs against “ The Alexis Mercantile Association,” and the individual stockholders thereof, of whom William Schmitz was one.
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This was an action in equity brought in the district court of Butler county to set aside an alleged fraudulent conveyance of certain real property by defendant William Schmitz to defendant Charles Schmitz, and subject the same to the payment of a judgment recovered by plaintiffs against “ The Alexis Mercantile Association,” and the individual stockholders thereof, of whom William Schmitz was one. Plaintiffs had a decree in their favor in the court below before Post, J., and the defendants appeal. cited Gen. Stat., 540. Brinkerhoff v. Brown, 4 Johns. Ch., 671. Krichbaufn v. Bridges, 1 Iowa,…
1Opinion of the CourtCobb, J.
There are several questions of great importance presented and ably argued by counsel in this case, but which it is not deemed necessary to pass upon, as they do not involve the merits of the controversy between the parties. Both of the defendants in their answers allege that the defendant Charles Schmitz acquired title to the lands in question under and by virtue of the laws of the United States granting homesteads to actual settlers upon the public domain; that the patent thereof issued on the twenty-fifth day of July, 1876, and that the claim or demand of the plaintiffs, or a large part of…
2Cited by7 opinions
- National Bank of Commerce v. ChapmanNebraska Supreme Court · 1897
- Bank of Commerce v. SchlotfeldtNebraska Supreme Court · 1894
- Edwards v. ReidNebraska Supreme Court · 1894
- Duell v. PotterNebraska Supreme Court · 1897
- Leman v. ChipmanNebraska Supreme Court · 1908
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