Wolford v. Farnham
Supreme Court of Minnesota
On June 4, 1889, the plaintiff recovered and docketed, in the district court for Hennepin county, a judgment for $24,626.67, against the defendant Sumner W. Farnham. Execution was issued and returned wholly unsatisfied, and the plaintiff thereupon brought this action in the same court against the judgment debtor and his wife, the defendant Eunice E. Farnham, to declare and enforce a trust as stated in the opinion.
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On June 4, 1889, the plaintiff recovered and docketed, in the district court for Hennepin county, a judgment for $24,626.67, against the defendant Sumner W. Farnham. Execution was issued and returned wholly unsatisfied, and the plaintiff thereupon brought this action in the same court against the judgment debtor and his wife, the defendant Eunice E. Farnham, to declare and enforce a trust as stated in the opinion. The action was tried by Rea, J., who ordered judgment for defendants, which was entered, and the plaintiff appealed.
1Opinion of the CourtGilfillan, C. J.
This is an action to declare and enforce a trust under Gen. St. 1878, c. 43, § 8, in favor of plaintiff as a creditor of the defendant Sumner W. Farnham, in land conveyed by one Butler to the defendant Eunice E. Farnham, upon a consideration, as claimed by plaintiff, paid by Sumner W. in fraud of his creditors. The action was tried in the court below without a jury, and findings of fact made, and judgment ordered and entered, in favor of the defendants. The conveyance by Butler to defendant Eunice E. was made March 16,1883, for a consideration of $35,000, of which $20,000 was paid with money…
2Cases cited2 opinions
- Randall v. ConstansSupreme Court of Minnesota · 1885
- Leonard v. GreenSupreme Court of Minnesota · 1885
3Cited by18 opinions
- Langford v. IssenhuthSouth Dakota Supreme Court · 1912
- Lind v. O. N. Johnson Co.Supreme Court of Minnesota · 1938
- Niland v. KalishNebraska Supreme Court · 1893
- Hillman v. AllenSupreme Court of Missouri · 1898
- Luse v. ReedSupreme Court of Minnesota · 1895
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