Horton v. Kelly
Supreme Court of Minnesota
Plaintiff, a judgment creditor of the defendant John B. Kelly, brought this action in the district court for Olmsted county, to avoid as fraudulent a voluntary conveyance of the N. J of the S. E. £ of section 9, town 105, range 14, in that county, made by the judgment debtor and his wife to their son, the defendant Joseph Kelly.
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Plaintiff, a judgment creditor of the defendant John B. Kelly, brought this action in the district court for Olmsted county, to avoid as fraudulent a voluntary conveyance of the N. J of the S. E. £ of section 9, town 105, range 14, in that county, made by the judgment debtor and his wife to their son, the defendant Joseph Kelly. The action was tried by Start, J., who found these facts: On May 21,1879, the defendant John B. was indebted to plaintiff in the sum of $1,300, for a balance of which the plaintiff, on May 23, 1885, recovered and docketed a judgment against him, on which there remains…
1Opinion of the CourtVanderburgh, J.
The debtor John B. Kelly was, as between him and his mortgagee, entitled to have the non-exempt 80-acre tract first applied in satisfaction of the mortgage mentioned in the findings of the trial court'. McArthur v. Martin, 23 Minn. 74. The mortgage, which covers an entire quarter-section, including the homestead of the mortgagors and the 80 acres in question, is overdue, and the amount due thereon exceeds the value of the non-exempt 80-acre tract by more than $400. .This tract, it appears, was transferred by deed by Johp B. Kelly and wife to their son, the defendant Joseph Kelly, subsequent…
2Cases cited9 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- McArthur v. MartinSupreme Court of Minnesota · 1876
- Elmendorf v. . LockwoodNew York Court of Appeals · 1874
- Roberts v. Jackson, ex dem. WebbNew York Supreme Court · 1828
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Shea v. LewisCourt of Appeals for the Eighth Circuit · 1913
- O'Brien v. HeggenCourt of Appeals for the Eighth Circuit · 1983
- O'BRIEN v. JohnsonSupreme Court of Minnesota · 1967
- Keith v. AlbrechtSupreme Court of Minnesota · 1903
11 more not listed; retrieve them via the Exa API.