Byrnes v. Clark
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. . The plaintiff, being a creditor of the estate of Darby Clark, deceased, brought this action in behalf of all the creditors of such estate, pursuant to sec. 3825, R. S., to reach and subject to sale, for the payment of debts against the estate, eighty acres of land which Darby Clark in his life-time conveyed to the defendant. No question arises on the pleadings.
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APPEAL from the Circuit Court for Manitowoc County. . The plaintiff, being a creditor of the estate of Darby Clark, deceased, brought this action in behalf of all the creditors of such estate, pursuant to sec. 3825, R. S., to reach and subject to sale, for the payment of debts against the estate, eighty acres of land which Darby Clark in his life-time conveyed to the defendant. No question arises on the pleadings. The undisputed facts seem to be correctly stated in the printed case, as .follows: “Prior to 1851, both parents of the plaintiff died, and he was left in charge of a step-mother,…
1Opinion of the CourtLyoN, J.
Tbe testimony of Kate Clark, tbe'wife of the defendant, was read in evidence. It is to the effect that on the day the deed from Darby Clark to the defendant was executed, the latter gave it to her to put away, and that she placed it in a trunk under her exclusive control, and kept it there until it was taken to be recorded. The admission of this evidence is assigned as error. This testimony was taken in another and similar action brought by the plaintiff against Martin Clark. It was there objected to as incompetent and immaterial. By a stipulation between the parties this case was determined…
2Cases cited3 opinions
- Tyler v. BurringtonWisconsin Supreme Court · 1876
- Wells v. PerkinsWisconsin Supreme Court · 1877
- Manseau v. MuellerWisconsin Supreme Court · 1878
3Cited by7 opinions
- State ex rel. Reynolds v. FlynnWisconsin Supreme Court · 1923
- Markham v. MarkhamWisconsin Supreme Court · 1974
- Northern Hotel Co. v. Industrial CommissionWisconsin Supreme Court · 1936
- Officer v. SwindlehurstMontana Supreme Court · 1910
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
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