Fein v. Fein

• Decision Date: 07 February 1887
• Parties: FEIN v. FEIN
• Court: Wyoming Supreme Court

13 P. 79

3 Wyo. 161

FEIN v. FEIN

Supreme Court of Wyoming

February 7, 1887

Appeal from district court, Albany county.

Bill in equity by Mrs. Fein against John J. Fein, J. M. Ingersoll and John J. Fein, Jr., to cancel and set aside certain deeds of conveyance of lands as fraudulent. From a decree setting aside a deed from John J. Fein to Fein, Jr., John J. Fein appeals. Decree set aside, and bill dismissed.

Bill dismissed.

Brown Blake & Arnold, for appellant.

Corlett Lacey & Riner and Mr. Groesbeck, for appellee.

CORN J.

OPINION

CORN, J.

On the fifteenth day of January, A. D. 1884, the appellee filed her bill in chancery in the district court of Albany county against John J. Fein, the appellant, and J. M. Ingersoll and John J. Fein, Jr., setting out that she was the wife of the appellant, and had brought suit against him for divorce and alimony, and that said suit was still pending and undetermined in the same court; that appellant owed her for large sums of money advanced to him during their marriage; that the appellant, for the purpose of defrauding her of her equitable interest in his estate, and to prevent her from obtaining such portion of his money or property as might be decreed her in that suit by way of alimony, and a division of his property, had conveyed certain real estate to the defendant Ingersoll, and certain other real estate to the defendant John J. Fein, Jr. The bill alleges that the conveyances were without consideration and fraudulent, and prays that they be canceled and set aside, and that appellant be decreed to have a perfect title to the property; that upon a decree of divorce she be awarded a portion of said estate, or a specific sum for maintenance and alimony, chargeable as a lien thereon. The defendants demurred to the bill, and the demurrer was overruled. Ingersoll and appellant filed separate answers, and the default was entered of John J. Fein, Jr. Upon the hearing, the court rendered a decree dismissing the bill as to the defendant Ingersoll, setting aside the deed from appellant to John J. Fein, Jr., and declaring the title to that portion of the real estate in controversy to be in the appellant, and enjoining him from conveying or in any way incumbering it until the determination of the matters involved in the suit for divorce, and until the further order of the court. From this decree John J. Fein alone appealed.

It is we believe, uniformly held that a creditor will not be permitted to come into court for the purpose of having a conveyance alleged to be fraudulent set aside until he has reduced his claim to a judgment. Is the appellee in any different or better position because she is the wife of appellant? By the laws of this territory the wife is not entitled to dower in the lands of the husband,...