Kumler v. Ferguson
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OE CARVER COUNTY. I. — The finding of the referee that the conveyance of the land by Plaintiff to Defendant, was made in pursuance of the propositions and conversations had at Millville, in Ohio, is entirely unsupported by evidence, and is directly against the evidence, both of Plaintiff, and as shown by Defendant’s letters, A, B, O and E, (folios 29 to 42 inclusive.) II. — It appears that the conveyance of the land was made by Plaintiff to…
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APPEAL PROM THE DISTRICT COURT OE CARVER COUNTY. I. — The finding of the referee that the conveyance of the land by Plaintiff to Defendant, was made in pursuance of the propositions and conversations had at Millville, in Ohio, is entirely unsupported by evidence, and is directly against the evidence, both of Plaintiff, and as shown by Defendant’s letters, A, B, O and E, (folios 29 to 42 inclusive.) II. — It appears that the conveyance of the land was made by Plaintiff to Defendant, with a view on the part of Plaintiff of defrauding his creditors, and not with a view of making a final sale…
1Opinion of the Court
By the Court
ElaNdeau, J.
Tbe only issue made by the pleadings in this case is upon tbe amount tbe Defendant Kumler agreed to pay for tbe land purchased by him from Ferguson; tbe latter claiming that the consideration was $1600, and tbe former that it was $985. The Defendant, under bis answer, cannot attack tbe sale of tbe land, as being a sham made to keep it from tbe creditors of Plaintiff, because be admits an indebtedness of $415 on tbe notes given for the consideration money.
Tbe fact that tbe deed expressed a consideration of $1600, and acknowledged tbe receipt of that sum, is not…
2Cited by4 opinions
- Miller v. LambSupreme Court of Minnesota · 1875
- Knoblauch v. KronschnabelSupreme Court of Minnesota · 1872
- Saunders v. James GallagherSupreme Court of Minnesota · 1893
- Shehy v. CunninghamOhio Supreme Court · 1909