Burdsall v. Waggoner
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. The bill in this case alleges that Burdsall, the appellant, obtained a judgment in the county court of Arapahoe county against Henry O. Waggoner, Sr., on the 15th of November, 1871; that he procured an execution to be issued and that the writ was levied on lot twenty-five, in block forty-one, in the city of Denver, as the property of Waggoner, Sr.; that on the 24th day of January, 1872, the sheriff sold the property under the…
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Appeal from District Court of Arapahoe County. The bill in this case alleges that Burdsall, the appellant, obtained a judgment in the county court of Arapahoe county against Henry O. Waggoner, Sr., on the 15th of November, 1871; that he procured an execution to be issued and that the writ was levied on lot twenty-five, in block forty-one, in the city of Denver, as the property of Waggoner, Sr.; that on the 24th day of January, 1872, the sheriff sold the property under the writ of execution, and that it was bid in by Burdsall; that on the 7th of December, 1872, the time of redemption having…
1Opinion of the CourtStone, J.
This is a case in chancery to set aside a conveyance of real estate from Waggoner, one of the defendants, to Moss, the other defendant, upon the ground of alleged fraud against the complainant creditor.
Upon a hearing in the court below upon the testimony taken before the master, the bill was dismissed. The assignment of error is, that the court erred in dismissing the bill and in not rendering a decree in accordance with the prayer *258for relief. The evidence tends to show that the grantor made the conveyance with a fraudulent intent to hinder and defeat the complainant in the recovery of his…
2Cases cited3 opinions
- Crocket v. LeeSupreme Court of the United States · 1822
- Child v. BraceNew York Court of Chancery · 1834
- Harris v. TaylorCalifornia Supreme Court · 1860
3Cited by20 opinions
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
- Gwynn v. ButlerSupreme Court of Colorado · 1891
- Mulock v. WilsonSupreme Court of Colorado · 1893
- Kindel v. Le BertSupreme Court of Colorado · 1897
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