Boldt v. First National Bank of West Point

• Decision Date: 23 November 1899
• Docket Number: 9,038
• Citation: 80 N.W. 905,59 Neb. 283
• Parties: WILHELM BOLDT ET AL. v. FIRST NATIONAL BANK OF WEST POINT
• Court: Nebraska Supreme Court

80 N.W. 905

59 Neb. 283

WILHELM BOLDT ET AL. v. FIRST NATIONAL BANK OF WEST POINT

No. 9,038

Supreme Court of Nebraska

November 23, 1899

ERROR from the district court of Cuming county. Tried below before EVANS, J. Reversed.

REVERSED AND REMANDED.

Fannie O'Linn, for plaintiffs in error.

J. C Crawford and E. K. Valentine, contra.

OPINION

HARRISON, C. J.

In the petition filed in this suit it was alleged that the bank recovered a judgment for a stated amount in the district court of Cuming county against Gust Will and Wilhelm Boldt which remained of full force and unsatisfied; that execution for the enforcement of the judgment had been procured to issue, and had been returned by the sheriff of said county wholly unsatisfied; that the parties judgment debtors had no property liable to execution, and were insolvent; that on December 30, 1889, Wilhelm Boldt and Johanna Boldt, his wife conveyed to their son Rudolph Boldt, who was then a minor, a quarter section of land, specifically described in the pleading, the conveyance being without consideration, and its purpose the hindering and defrauding the bank and other creditors of Wilhelm Boldt; that on June 16, 1891, Rudolph Boldt, in furtherance of the scheme to defraud the bank and creditors of Wilhelm Boldt, conveyed the title of the land to his mother, Johanna Boldt, and for the conveyance there was no consideration; that on July 8, 1891, Johanna and Wilhelm Boldt, in further pursuance of the fraudulent purposes ascribed to them by the pleading, without any consideration therefor, conveyed the title of the land to Rudolph Boldt; that the several conveyances noticed were of dates prior to the bank's judgment, but subsequent to the existence of the debt upon which the judgment was predicated. The prayer was that the several conveyances be annulled, the land be ordered sold, and the proceeds applied to the satisfaction of the bank's judgment. For the Boldts there was filed an answer, in which it was stated that the land involved in the litigation was acquired from the United States by Wilhelm and Johanna Boldt by virtue of an entry under, and compliance with, the provisions of the homestead act, and that the patent was issued to Wilhelm Boldt November 1, 1872, and was at that time prior thereto, from time of entry and continuously to the date of the last conveyance to Rudolph Boldt, in the possession of, and improved and cultivated by, Wilhelm and Johanna Boldt as their homestead. It was further answered that during the month of April, 1879, and long prior to the time the judgment debt had its inception, and when Wilhelm Boldt was free from debt and he and his wife were in occupancy of the land as a homestead and it was exempt, it was agreed that the title to the property should be conveyed to the wife, to remunerate her for the labor which she performed in and about its acquisition; that the first deed to Rudolph Boldt was executed to in part carry out this agreement, the parties having been advised that a conveyance direct from the husband to the wife would be ineffective; that it was of the arrangement that Rudolph Boldt, the son, would convey to Johanna, the mother, upon request that he do so; that he was asked to convey the title to her, and did so by the deed of date June 16, 1891. It was further of the answer that the second deed to Rudolph Boldt, the one of date July 8, 1891, was with the consideration that he would furnish support and maintenance to his father and mother during the remainder of their lives, also assume the payment of a mortgage on the land in the principal sum of $ 1,400. The contract in regard to the matters which we have last stated was in writing, and a copy of it was attached to the answer. There was a specific, also a general, denial of the fraudulent intent alleged in the petition, and it was pleaded affirmatively that all the conveyances drawn into question were executed prior to the...