Watt v. Aylward
South Dakota Supreme Court
Appeal from Circuit Court, Gregory -County. Hon. William WilliamsoN, Judge. Action by Fmra Watt against John Aylward- and another, to set -aside an alleged fraudulent conveyance of land. From a judgment for plaintiff, and from an order -denying a new trial, -defendants appeal. (1) Under point one of -the opinion, Appellants submitted that: There is no evidence to show either fraudulent intent on part of vendor, or vendee’s knowledge of such- intent if ini fact it existed.
Read the full summary
Appeal from Circuit Court, Gregory -County. Hon. William WilliamsoN, Judge. Action by Fmra Watt against John Aylward- and another, to set -aside an alleged fraudulent conveyance of land. From a judgment for plaintiff, and from an order -denying a new trial, -defendants appeal. (1) Under point one of -the opinion, Appellants submitted that: There is no evidence to show either fraudulent intent on part of vendor, or vendee’s knowledge of such- intent if ini fact it existed. (2) Under point two of the opinion, Respondent cited: Fluegel v. Henschel, 7 N. D. 276, 74 N. W. 996.
1Opinion of the CourtGates, J.
On April 3, 1909, the defendant, John Aylward set a fire which caused damage to certain property of plaintiff. Defendant was at that time the owner of a quarter section of land in Gregory county. On April 13, 1909, a deed of -the property to his brother Frank (.co-defendant herein) was executed and' acknowledged. On May 10, 1909, plaintiff (began an action in the circuit court of said county against John Aylward, which resulted in a judgment for damages in favor of plaintiff for $606:25-. Execution was issued and returned wholly unsatisfied. The next -day after the service of the summons in…
2Cases cited2 opinions
- Fluegel v. HenschelNorth Dakota Supreme Court · 1898
- Gingles v. Savings BankSouth Dakota Supreme Court · 1914
3Cited by4 opinions
- Churchill & Alden Co. v. RamseySouth Dakota Supreme Court · 1926
- Meloy v. KellSouth Dakota Supreme Court · 1928
- Kenobbie v. KrauseSouth Dakota Supreme Court · 1941
- Johnson v. ShaverSouth Dakota Supreme Court · 1919