Bull v. Christenson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. November' 19, 1883, one F. L. Fancher executed to the plaintiff a voluntary assignment of his property for the benefit of his creditors. Such assignment seems to have been executed in the manner prescribed by the statute in that behalf.
Read the full summary
APPEAL from the Circuit Court for Hacine County. November' 19, 1883, one F. L. Fancher executed to the plaintiff a voluntary assignment of his property for the benefit of his creditors. Such assignment seems to have been executed in the manner prescribed by the statute in that behalf. Prior to that time, the defendant, the sheriff of Racine county, seized all of the property of Fancher, by virtue of three writs of attachment in his hands for service, and took all such property into his possession. The first of these writs was issued out of the circuit court of Racine county against Fancher at…
1Opinion of the CourtLtost, J.
The question is whether the plaintiff was, or the execution creditors were, entitled to the balance of $185 remaining in the hands of the defendant after satisfying the execution of the Union National Bank. We have no doubt whatever that the creditors were entitled to the money. The assignment had been adjudged fraudulent and void as to them, and they were entitled to levy their execution upon any unexempt property or money of Fancher, in whoseso-ever hands the same might be found. The plaintiff demanded such balance of the sheriff before this action was brought. ITad the sheriff paid over…
2Cited by3 opinions
- Manufacturers & Merchants Inspection Bureau v. Everwear Hosiery Co.Wisconsin Supreme Court · 1913
- O. L. Packard Machinery Co. v. LaevWisconsin Supreme Court · 1898
- Givans v. SearleWisconsin Supreme Court · 1908