Severin v. Rueckerick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Calumet County. This is an action of replevin brought by the plaintiff against the defendant to recover the possession of certain personal property described in the complaint, consisting prin-cipallv of farming utensils, horses, cows, and young stock. The defendant answered a general denial, and that the property claimed belonged to him.
Read the full summary
APPEAL from the Circuit Court for Calumet County. This is an action of replevin brought by the plaintiff against the defendant to recover the possession of certain personal property described in the complaint, consisting prin-cipallv of farming utensils, horses, cows, and young stock. The defendant answered a general denial, and that the property claimed belonged to him. The claims of the respective'parties to the property are based upon the following facts: In 1880 the.defendant, the adopted son of the plaintiff’s intestate, entered into an agreement with the intestate by which the latter…
1Opinion of the CourtLyoN, J.
This action was brought under sec. 3832, R. S., which gives a right of action to an executor or administra*5tor, in case of a deficiency of assets in his hands to pay the creditors of the estate, to recover property conveyed by the testator or intestate in his life-time, when by law such conveyance is void as against creditors.
In the present case there is such deficiency of assets, and the question to be determined is whether the conveyance of his property by the intestate to the defendant is void as against the creditors of the estate.
The conveyance of the real estate and the bill of sale of…
2Cases cited5 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Bresnahan v. BresnahanWisconsin Supreme Court · 1879
- Delong v. DelongWisconsin Supreme Court · 1883
- Blake v. BlakeWisconsin Supreme Court · 1882
- Powers v. PowersWisconsin Supreme Court · 1871
3Cited by5 opinions
- Williams v. WilliamsWisconsin Supreme Court · 1892
- Merton v. O'BrienWisconsin Supreme Court · 1903
- Faber v. MatzWisconsin Supreme Court · 1893
- Security Trust & Life Insurance v. EllsworthWisconsin Supreme Court · 1906
- Stapleton v. BrannanWisconsin Supreme Court · 1899