O'Malley v. O'Malley
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: R. Gr. Siebecker, Circuit Judge. Action by an administrator, whose decedent died in 1894, to set aside a deed of real estate, made in 1875, on the ground that the same was made without consideration and with intent to defraud creditors. Judgment was rendered for the defendant, and the plaintiff appealed.
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Appeal from a judgment of the circuit court for Sauk county: R. Gr. Siebecker, Circuit Judge. Action by an administrator, whose decedent died in 1894, to set aside a deed of real estate, made in 1875, on the ground that the same was made without consideration and with intent to defraud creditors. Judgment was rendered for the defendant, and the plaintiff appealed. For the respondent it was argued, among other things, that the action could not be maintained because it is not shown that the debt, the collection of which the appellant is trying to enforce, existed or was anticipated at the time…
1Opinion of the CourtDodge, J.
No discussion of the evidence can be useful in this case. There is abundant support for the findings that the deceased, in 1875, executed and delivered to the respondent the deed in question, which was promptly recorded. None of the debts’ now existing against the estate were in existence or in contemplation at that time, nor, indeed, for many years afterward. There can be no right in the administrator, under sec. 3832, Stats. 1898, to attack such conveyance except for intent to defraud the existing creditors, who alone are represented by him. It is wholly immaterial Avhether that deed was…
2Cited by3 opinions
- Neelen v. HolzhauerWisconsin Supreme Court · 1927
- Ecklor v. WolcottWisconsin Supreme Court · 1902
- Evans v. EvansSupreme Court of Oklahoma · 1944