Hoagland Brothers v. Wilson

• Decision Date: 18 December 1883
• Citation: 18 N.W. 78,15 Neb. 320
• Parties: HOAGLAND BROTHERS AND OTHERS, APPELLEES, v. W. F. WILSON AND WIFE, APPELLANTS
• Court: Nebraska Supreme Court

18 N.W. 78

15 Neb. 320

HOAGLAND BROTHERS AND OTHERS, APPELLEES, v. W. F. WILSON AND WIFE, APPELLANTS

Supreme Court of Nebraska

December 18, 1883

APPEAL from the district court of Gage county. Heard below before DAVIDSON, J., on exceptions to report of W. R. Kelly, Esq. referee.

AFFIRMED.

Lamb Ricketts & Wilson, for appellants, contended that it is not enough to show that the conveyance was made without consideration and for the purpose of placing the property beyond the hazard of business; it must be further shown that the conveyance was made with the expectation of contracting debts, and at the same time intending never to pay them. Lyman v. Cessford, 15 Iowa 229. Bump on Fraudulent Conveyances, 317. Evans v. Lewis, 30 O. S., 11. That if a husband converts his wife's separate property to his own use without her consent, this will be a good consideration for a transfer by him to her. Bump on Fraudulent Conveyances, 310. Wiley v. Gray, 36 Miss 510. That the judgment of Hoagland Brothers was taken upon an account, which included items charged after the date of the conveyance, and they are therefore subsequent creditors. Reed v. Woodman, 4 Me. 400. Usher v. Hazeltine, Id., 471.

N. C. Abbott, for appellees, cited: Weil v. Lankin, 3, Neb. 284. Jones v. Green, 1 Wal., 331. Case v. Phelps, 39 N.Y. 164. Wake v. Griffin, 9 Neb. 47. Kelly on Contracts Married Women, 143, 137. Wilcoxon v. Morgan, 2 Col. T., 473. Carpenter v. Carpenter, 25 N.J.Eq. 194. Aultman v. Obermeyer, 6 Neb. 264.

OPINION

MAXWELL, J.

The plaintiffs are judgment creditors of W. F. Wilson, and brought this action to subject certain real estate in the name of Anna M. Wilson, the wife of W. F. Wilson, to the payment of their debts. The cause was referred by consent to a referee, who found in favor of the plaintiffs. The report was confirmed by the court, and the defendants, Wilson and wife, appeal.

It appears from the record that Wilson, who was a contractor in Lincoln, bought lumber and material of Hoagland Brothers from time to time between the 24th of March, 1880, and March 21st 1881, to the amount of $ 613.99, upon which he had paid the sum of $ 400.73. That he had bought of the Chicago Lumber Co. lumber and material to the amount of $ 316.23, upon which he had paid the sum of $ 101.18. Judgment was recovered against him for these balances, and executions having been returned unsatisfied, this action was commenced. The record shows that in March, 1880, the title to the land in controversy was in W. F. Wilson. A judgment having been recovered against him, an execution was issued thereon, which was levied on this land. To give him further time to pay the debt, the attorney for the execution creditor in that case took a conveyance of the land to himself as security for the amount of the judgment, and at Wilson's request made a bond to Mrs. Wilson to convey said land to her upon the payment of the judgment. This judgment was paid about the 1st of June, 1880, and a deed made to Mrs. Wilson for the real estate in question. This deed was not filed for record until January 30th, 1882, after all these debts had been contracted. There was no change...