98 Wis. 551 | Wis. | 1898
The plaintiffs were judgment creditors of the defendant W. R. Sutherland, and brought this action in equity to subject certain lands to the lien of executions theretofore issued upon their said judgments which had been levied upon said lands. It was alleged in the complaint and found by the court that pending the plaintiffs’ actions the-defendant Sutherland, being insolvent, had conveyed said lands to a corporation formed by him, called the Sutherland Lumber Oompcmy, with intent thereby to hinder, delay, and defraud the plaintiffs in the collection of their demands, and judgment was rendered setting aside said conveyance, and declaring said executions valid liens upon the land, and directing the sheriff to sell the same to satisfy the plain tiffs’ judgments. These findings of fact were based upon sufficient evidence, and under familiar rules will not be disturbed by this court. They entirely justify the judgment which was rendered.
Another point, however, raised by the appellants, requires attention. It appears that after the plaintiffs’ executions were levied the Sutherla/nci Lumber Oom/pamj became insolvent, and that the circuit court for Ashland county appointed a receiver of its property, who qualified and took possession thereof, including the real estate in question. The receiver is a party to -this action. It is now objected that the court erred in directing the sheriff to sell the property, but should, after adjudging the lien, have left the property in the hands of the receiver, and directed him to sell the same in the receivership action. Courts will not ordinarily permit property in the hands of a receiver to be sold on execution, the reason being that by such means the prop
By the Court.— Judgment affirmed.