Merchants National Bank v. Collard
North Dakota Supreme Court
Appeal from District Court of Barnes County, Coffey, J. From a judgment in defendant’s favor, plaintiff appeals. Tbe transfers bere involved were in fraud of creditors of tbe vendor and void. Rev. Codes 1905, § 6637; Civ. Code 1877, § 2023; Rev. Codes 1899, § 5052; Comp.
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Appeal from District Court of Barnes County, Coffey, J. From a judgment in defendant’s favor, plaintiff appeals. Tbe transfers bere involved were in fraud of creditors of tbe vendor and void. Rev. Codes 1905, § 6637; Civ. Code 1877, § 2023; Rev. Codes 1899, § 5052; Comp. Laws 1913, §§ 5849, 5850; Baulson v. Ward, 4 N. D. 100, 58 N. W. 792. Tbe grantee, at tbe time of tbe transfer, bad knowledge of tbe fraudulent intent of tbe grantor, and sucb transfer is void for tbis reason. Tbe grantee’s title was tainted witb tbe actual fraud. Fluegel v. Henscbel, 7 N. D. 279, 66 Am. St. Rep. 642, 74 N.…
1Opinion of the Court
Fisk, Ch. J.
This is an appeal from a judgment of the district court of Barnes county and is here for trial de novo.
Plaintiff bank as a judgment creditor of the defendant, James Collard, seeks to set aside and have adjudged void certain alleged fraudulent conveyances of real property executed and delivered by such defendant and his wife, Emma Collard, to the defendants Anton and Susan Bried. The same attorney who brought this action commenced a similar action for the Boyal Elevator Company against the same defendants, which action involved the same issues, and by consent of all parties the two…
2Cases cited18 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Christianson v. Farmers' Warehouse Ass'nNorth Dakota Supreme Court · 1896
- Baldwin v. . ShortNew York Court of Appeals · 1891
- North v. BeldenSupreme Court of Connecticut · 1840
- J. E. Paulson & Co. v. WardNorth Dakota Supreme Court · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Andersen v. ReslerNorth Dakota Supreme Court · 1929
- Sutherland v. NoggleNorth Dakota Supreme Court · 1916
- Nordby v. SagenNorth Dakota Supreme Court · 1934
- Johnson v. DavisNorth Dakota Supreme Court · 1966
- Thede v. RuschNorth Dakota Supreme Court · 1934
9 more not listed; retrieve them via the Exa API.