Mode, Ltd. v. Myers
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to quiet title to real property. Judgment for plaintiff. “Where one purchases land and has the title made to his wife in fraud of creditors, it is deemed an equitable and not a legal asset.....The interest of the debtor in such ease cannot be sold on execution at law.”
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to quiet title to real property. Judgment for plaintiff. “Where one purchases land and has the title made to his wife in fraud of creditors, it is deemed an equitable and not a legal asset.....The interest of the debtor in such ease cannot be sold on execution at law.” (Robinson v. Springfield Go., 21 Fla. 203.) Execution sale does not transfer title to real estate to which the debtor never had the legal title; where real estate is paid for by debtor, but conveyance made from…
1Opinion of the CourtRice, J.
This is an action to quiet title to lots 7, 8, 9 and 10, of block 29, Ellis Addition to Boise. The complaint alleged title to the property in the plaintiff, respondent here, and stated that the defendants, among whom was appellant, Sada Myers, claimed unfounded adverse interests therein. The answer of appellant Sada Myers denied title in the plaintiff and by way of cross-complaint alleged title in herself and prayed that her title be quieted. Both respondent and appellant derived title from Walter A. Myers, husband of the appellant. The respondent claims through sheriff’s deed executed by…
2Cases cited8 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- City & County of San Francisco v. PennieCalifornia Supreme Court · 1892
- Coleman v. JaggersIdaho Supreme Court · 1906
- Larkin v. MullenCalifornia Supreme Court · 1900
- Plew v. BoardIllinois Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Miller v. ProutIdaho Supreme Court · 1921
- Conley v. Amalgamated Sugar Co.Idaho Supreme Court · 1953
- Hall v. Boise Payette Lumber Co.Idaho Supreme Court · 1942
- Mole v. PayneIdaho Supreme Court · 1924
- Newport Water Co. v. KelloggIdaho Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.