Legal Opinion

Watt v. Aylward

South Dakota Supreme Court

Decided June 29, 1914PublishedCited by 4 opinions

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.

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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

  1. Fluegel v. HenschelNorth Dakota Supreme Court · 1898
  2. Gingles v. Savings BankSouth Dakota Supreme Court · 1914

3Cited by4 opinions

  1. Churchill & Alden Co. v. RamseySouth Dakota Supreme Court · 1926
  2. Meloy v. KellSouth Dakota Supreme Court · 1928
  3. Kenobbie v. KrauseSouth Dakota Supreme Court · 1941
  4. Johnson v. ShaverSouth Dakota Supreme Court · 1919

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