Thielen v. Schechinger

"WagneR, J.

The plaintiff brings this action to recover the amount due upon a promissory note in the principal sum of $5,000. The action was aided by a writ of attachment which was levied upon 240 acres of real estate belonging to the defendant Martin Schechinger, Sr. As grounds for the writ of attachment, the plaintiff alleged in his petition:

“That the defendants failed to pay or secure said note, and that they are disposing of their property with intent to defraud their creditors and the plaintiff herein.”

The defendants in their answer admit the execution of the note, and that the same is…