Ray v. Hixon
Wisconsin Supreme Court
Appeal from an order of the circuit court for La Crosse county: J. M. MobRow, Circuit Judge. This action was brought by George H. Ray, assignee under a voluntary assignment of the firm of McDonald Bros., against one G-ideon C. Hixon, for the purpose of setting aside certain real-estate mortgages and bills of sale of personal property which were given by McDonald Bros, to se¿ cure repayment of a loan of $75,000 made by Hixon to them January 21, 1889. The voluntary assignment…
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Appeal from an order of the circuit court for La Crosse county: J. M. MobRow, Circuit Judge. This action was brought by George H. Ray, assignee under a voluntary assignment of the firm of McDonald Bros., against one G-ideon C. Hixon, for the purpose of setting aside certain real-estate mortgages and bills of sale of personal property which were given by McDonald Bros, to se¿ cure repayment of a loan of $75,000 made by Hixon to them January 21, 1889. The voluntary assignment of McDonald Bros, was made December 17, 1891, and the said mortgages and bills of sale were not placed upon record until…
1Opinion of the Court
"Winslow, J.
It is clear that the action brought by the assignee to set aside the Hixon mortgages as fraudulent was brought by him in his trust capacity, representing all the creditors of McDonald Bros. S. & B. Ann. Stats. secs. 16935, 1702a.
The judgment in that action was necessarily binding upon the assignee, subject only to his right to move for a new trial or to appeal. "Under, the advice of able counsel, and apparently in the exercise of entire good faith, he accepted. the result, sold the mortgaged property (necessarily with the consent of the mortgagees), and paid over the proceeds of…
2Cases cited6 opinions
- Kerrison v. StewartSupreme Court of the United States · 1876
- Corcoran v. Chesapeake and Ohio Canal Co.Supreme Court of the United States · 1877
- Richter v. JeromeSupreme Court of the United States · 1887
- Sloane v. AndersonWisconsin Supreme Court · 1883
- Evans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shafer v. City of Eau ClaireWisconsin Supreme Court · 1900
- State v. McDonald Lumber Co.Wisconsin Supreme Court · 1960
- Sly v. Village of Kilbourn CityWisconsin Supreme Court · 1910
- Dickinson v. SmithWisconsin Supreme Court · 1909