Tootle & Maule v. Dunn
Nebraska Supreme Court
Appeal from the district court of Gage county. Tried below before Weaver, J. The opinion states the facts of the case. I. If by the testimony it be found that Dunn, at the time he conveyed the land, was insolvent, this does not vitiate the transfer; the statute does not deprive a man of the power to sell or otherwise dispose of his property although he may be insolvent.
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Appeal from the district court of Gage county. Tried below before Weaver, J. The opinion states the facts of the case. I. If by the testimony it be found that Dunn, at the time he conveyed the land, was insolvent, this does not vitiate the transfer; the statute does not deprive a man of the power to sell or otherwise dispose of his property although he may be insolvent. Peoot v. ArmeUn, 21 La., 667. Smith v. Henry, 2 Bailey, 118. Many sales made in the ordinary course of business may, and do, defeat creditors who could have levied on the property sued had it remained in possession of the…
1Opinion of the Court
Maxwell, J
On the first day of February, 1875, an attachment was levied on the south-east quarter of the northwest quarter, and the east half and the south-west quarter of the south-west quarter of section one, in township three north, of range seven east of the sixth principal meridian, in an action pending in the district court of Saline county, wherein Tootle & Maulé were plaintiffs, and Peter Dunn was defendant.' In November of that year, the plaintiffs in that suit re*98covered judgment against the defendant, Dunn, for the sum of $1,138.43.
On the second day of March, 1875, another attachment…
2Cases cited2 opinions
- Chapel v. ClappSupreme Court of Iowa · 1870
- Wright v. BrandisIndiana Supreme Court · 1849
3Cited by8 opinions
- Milburn v. PhillipsIndiana Supreme Court · 1893
- Jones v. LoreeNebraska Supreme Court · 1893
- Hedrick v. StraussNebraska Supreme Court · 1894
- Temple & Love v. Smith & CrittendenNebraska Supreme Court · 1882
- Cunningham v. ConwayNebraska Supreme Court · 1889
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