Gorton v. Massey
Supreme Court of Minnesota
This cause comes to this Court, by writ of error sued out by defendants, from the final judgment of the District Court for Meeker County.
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This cause comes to this Court, by writ of error sued out by defendants, from the final judgment of the District Court for Meeker County. The allegations of the complaint are substantially, that on the 12th day of October, 1859, one Edward W. Ereeman, being seized of certain real estate in Meeker County, conveyed the 'same to defendant Sarah M. Massey; that the consideration for said conveyance was $300, and was paid by defendant Thomas E., husband of said Sarah M., $125 cash, and $175 by his negotiable promissory note; that this note was transferred to plaintiff for value before maturity,…
1Opinion of the Court
By the Cowt
McMillan, J".
The defendant in error, the plaintiff below, is a simple contract creditor, and as such, *147comes into a court of equity, and seeks to set aside a conveyance of land as fraudulent, and have the grantee declared a trustee of the premises for his use, &c., under the statute. Comp. Stat., page 382, secs. 7, 8.
A fraudulent conveyance, so far as creditors are concerned, can be avoided by them, only after they have obtained judgment. The defendant in error, being a simple contract creditor merely, cannot in this action obtain the relief he seeks. He must first obtain his…
2Cases cited1 opinion
- McCartney v. BostwickNew York Supreme Court · 1860
3Cited by6 opinions
- Smith v. Railroad Co.Supreme Court of the United States · 1879
- Old Settlers Investment Co. v. WhiteCalifornia Supreme Court · 1910
- In re Petters Co.United States Bankruptcy Court, D. Minnesota · 2013
- Overmire v. HaworthSupreme Court of Minnesota · 1892
- O'Day v. AmbaumWashington Supreme Court · 1907
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