Reports of Cases Decided in the Supreme Court of the State of North Dakota Volume 6

Reports of Cases Decided in the Supreme Court of the State of North Dakota Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...while land transferred by the government subject to a right of general occupation by an Indian tribe remains subject to such right. (70 N. W. Rep. 269.) 'I I I DA1SY ROLLER M11.1.s et al vs. GEonoc A. WARD. i Opinion filed January 8th, 1897. Fraudulent Conveyances--Parties to Action. 1n an action brought by judgment creditors of the grantors to set aside conveyances of real estate as fraudulent and void, and in which no accounting for rents and profits is asked, it is not necessary to bring in as a party defendant a receiver of the rents and profits of said real estate, appointed long after the conveyances were made, and in an action to which none of the plaintiffs in this action were parties. Execution in Name of Deceased judgment Creditor. Under 5110, Comp. Laws, where, after judgment is rendered, the judgment creditor dies, execution may properly be issued upon the judgment by the representatives of the deceased, and in his name. Formal proceedings reviving the judgment in the name of the representatives are not now necessary. Void Transfer. Following the ruling of this court upon practically the same evidence in Paulson v. Ward, 58 N. W. Rep. 792, 4 N. 1). 100, it is /zeld that the conveyances here attacked were executed and received for the purpose of defrauding the creditors of the grantors, and are, as against these plaintiffs, void. Conveynnces Made to Defraud One Creditor Void as to All. Where, in an action by creditors of the grantors to set aside conveyances of real estate as fraudulent and void, it is shown that the conveyances were executed and received for the purpose of defrauding any creditor of the grantors, then, under 5052, Rev. Codes, such conveyances are fraudulent as to all creditors of the...show more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236873807
  • 9781236873804