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
ON PETITION FOR REHEARING.
RICE, J.
—Appellant has filed a petition for rehearing in •this case, and raises therein questions which require consideration. There can be no doubt but that a party has the right to test the sufficiency of an amendment to a pleading when offered during the progress of the trial, to the same extent as though the amendment were made before trial. He may demur in some instances, or he may raise the question of the sufficiency of the amendment by objections to the allowance thereof, and such objections have the same force and effect as if the questions were presented by…
2Cases cited8 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- County of Silver Bow v. DaviesMontana Supreme Court · 1910
- Coleman v. JaggersIdaho Supreme Court · 1906
- Weissich v. BehrensCalifornia Supreme Court · 1900
- McCormick v. SmithIdaho Supreme Court · 1913
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