Henry v. Hinman
Supreme Court of Minnesota
The plaintiff brought this action in November, 1873, in the district court for Scott county, alleging that on December 26, 1872, the defendant Hinman, being insolvent, and being the owner of 120 acres of land in Scott county, conveyed the same to the other defendant Albert Manley, with intent to defraud his creditors, and upon the nominal but fictitious consideration of $500; that at the time of such conveyance, the defendant Hinman was indebted to plaintiff, on which…
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The plaintiff brought this action in November, 1873, in the district court for Scott county, alleging that on December 26, 1872, the defendant Hinman, being insolvent, and being the owner of 120 acres of land in Scott county, conveyed the same to the other defendant Albert Manley, with intent to defraud his creditors, and upon the nominal but fictitious consideration of $500; that at the time of such conveyance, the defendant Hinman was indebted to plaintiff, on which indebtedness judgment was recovered by plaintiff against Hinman, on September 12, 1873, and execution issued thereon to Scott…
1Opinion of the CourtGilfillan, C. J.
From the findings of the court below, it appears that the plaintiff’s judgment was recovered upon an indebtedness which accrued prior to the conveyance by Hinman to Manley which is sought to be set aside in this action, as made with intent to defraud plaintiff; so that, if it was made with that intent, it must be set aside. The court, in effect, finds against the allegation in the complaint that such conveyance was made with intent to defraud; and if that finding stands, plaintiff cannot recover. But the finding is wholly unauthorized by the evidence. The evidence given for plaintiff is…
2Cases cited1 opinion
- Henry v. HinmanSupreme Court of Minnesota · 1875
3Cited by10 opinions
- Wetherill v. CanneySupreme Court of Minnesota · 1895
- In re Petters Co.United States Bankruptcy Court, D. Minnesota · 2013
- Tupper v. ThompsonSupreme Court of Minnesota · 1880
- Harris v. BrinkSupreme Court of Iowa · 1896
- Finn v. Alliance BankCourt of Appeals of Minnesota · 2013
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