Bruggerman v. Hoerr
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF BLUE EARTH COUNTY. The District Court erred in setting .aside the ■ verdict of the jury, finding the deeds under which the Respondents claim fraudulent as against the Appellant, and rendering judgment in favor of the Respondent upon the answer of the jury to an interrogatory put to 'them hy the counsel for the Ré-spondent. 1st. Because the said interrogatory has not any foundation in the pleadings, and the counsel for the Respondent had not…
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APPEAL FROM THE DISTRICT COURT OF BLUE EARTH COUNTY. The District Court erred in setting .aside the ■ verdict of the jury, finding the deeds under which the Respondents claim fraudulent as against the Appellant, and rendering judgment in favor of the Respondent upon the answer of the jury to an interrogatory put to 'them hy the counsel for the Ré-spondent. 1st. Because the said interrogatory has not any foundation in the pleadings, and the counsel for the Respondent had not the legal right to put it to the jury. The answer of the jury to that interrogatoiy is not responsive to any allegations…
1Opinion of the Court
By the Cowrt
Emmett, C. J".
The Plaintiff is a judgment creditor of one John Keck, and as such brings this action *341against him and bis grantees, to set aside certain conveyances of Keck’s real estate, which are alleged to have been made to defraud creditors, and particularly to defraud the Plaintiff. The judgment which he recovered against Keck was rendered long after the execution of the conveyances against which he asks relief, hence it became important for the Plaintiff to show the relation which he bore to Keck at the time they were made. And to this end he alleged in his complaint that Keck…
2Cases cited1 opinion
- Saint Peter Co. v. BunkerSupreme Court of Minnesota · 1861
3Cited by11 opinions
- Lynch v. BurtCourt of Appeals for the Eighth Circuit · 1904
- Farwell v. St. Paul Trust Co.Supreme Court of Minnesota · 1891
- Ferguson v. KumlerSupreme Court of Minnesota · 1865
- Anderson v. HultbergCourt of Appeals for the Eighth Circuit · 1918
- Knoblauch v. FoglesongSupreme Court of Minnesota · 1888
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