Blackburn v. Lake Shore Traffic Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: John K. Paetsh, Circuit Judge. Action to remove a cloud on title.
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Appeal from a judgment of the circuit court for Ashland county: John K. Paetsh, Circuit Judge. Action to remove a cloud on title. The complaint alleged ownership in the plaintiff since November 2, 1886, of lot 8, in block 6, original plat of the village of Hurley, Ashland county, and that it is and has been since said 2d of November the plaintiff’s homestead; that the defendant obtained a judgment against the plaintiff, November 10, 1885, for $20,036.45 and costs,'and docketed a transcript thereof in Ashland county, November 12,1885; that thereafter execution was issued on said judgment, and…
1Opinion of the CourtWinslow, J.
It is contended by the defendant that when the minor son of the plaintiff, R. D. Blackburn, acquired title to lot 8, block 6, in November, 1884, he held it as trustee for his father, the plaintiff, who paid the consideration therefor; and consequently that the defendant’s judgment immediately became a lien thereon, under R. S. sec. 2992. This contention cannot be maintained, because the trust in such case is a trust in favor of the creditors of, the person paying the consideration, and not in favor of such person himself. ' R. S. sec. 2078. The person paying the consideration acquires no…
2Cases cited3 opinions
- Jarvais v. MoeWisconsin Supreme Court · 1875
- Moore v. SmeadWisconsin Supreme Court · 1895
- Miner v. LaneWisconsin Supreme Court · 1894
3Cited by9 opinions
- Fleischhauer v. BILSTAD, GRAY ET UXOregon Supreme Court · 1963
- Maguire v. HansonSupreme Court of Iowa · 1898
- Krueger v. GrothWisconsin Supreme Court · 1926
- Pedersen v. NielsenWisconsin Supreme Court · 1933
- In Re BradshawUnited States Bankruptcy Court, E.D. Wisconsin · 1991
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