36 Minn. 223 | Minn. | 1886
The plaintiff in this action ought, on the evidence, to have had a verdict for several -reasons: First. There was. no proof that Anton Hartman, the grantor in the conveyance claimed to have been fraudulent, and defendant in the attachment suit, was. indebted to the plaintiff in that suit at the time of the conveyance,. The judgment in that suit was, as against this plaintiff, who was a stranger to it, evidence only of the fact of its existence. It was no. evidence, as against him, of the previous existence of the facts on which it was based. County of Olmsted v. Barber, 31 Minn. 256, 261, (17 N. W. Rep. 473.) Second. Had there been evidence of such indebtedness, still the evidence would not have been sufficient to sustain a finding that the conveyance was made with a fraudulent in.
Order affirmed.