84 Minn. 483 | Minn. | 1901
This was an action to set aside an alleged fraudulent conveyance of real property, and for judgment declaring a judgment against the grantor a specific lien thereon. Defendants had judgment in the court below, and plaintiff appealed from an order denying a new trial.
The facts are short: In August, 1898, William Gerlich was the owner of one hundred acres of land in Blue Earth county, and also the owner of a number of horses and other personal property. On the credit of this property he purchased of plaintiff a threshing-machine outfit for the consideration of $1,500, making and delivering in payment therefor his promissory notes for that
Subsequent to the record of the deed from the son to the mother, plaintiff brought an action against him to recover the indebtedness due on the threshing-machine debt, attached and levied upon the land so conveyed, in which action judgment was thereafter recovered against the son for the balance due on such debt. On the claim and contention that the transfer from the son to the mother was without consideration, and for the purpose of hindering and defrauding creditors, this action was brought in aid of the attachment proceedings, to set aside the conveyance, and for judgment declaring the levy under the attachment and the judgment rendered in that court a specific lien upon the land.
The only questions contested in the court below ‘were (1) whether the transfer and conveyance by the son to the mother was intended by the son to hinder and defraud his creditors, and (2) whether the mother knew of and participated in such fraudulent intent and purpose. The trial court found adversely to plaintiff upon both questions, finding that there was no fraudulent intent in the conveyance of the land to the mother, and that she had no notice of, and did not participate in, any such fraudulent purpose.
We were strongly impressed on the argument that the trial court ought to have found the transaction fraudulent, and granted plaintiff the relief prayed for; but upon further reflection, and a
The suggestion that a part of the consideration for the conveyance of the land, namely, the transfer of the forty acres by the mother to the son, was not made until after the discovery by her of the fraudulent intent of the son in conveying the land to her, is disposed of by the findings of the court that the son had no such intent or purpose in making the conveyance. If that finding had been otherwise, and to the effect that the son did intend to defraud his creditors, then the fact that the mother paid a portion of the consideration subsequent to acquiring knowledge of such fraudulent intent, even though she did not originally participate in it,would not relieve her, and would render the land liable to the claims of creditors to the extent of the unpaid purchase price of the property; but the findings of the court that there was no fraud in the first transfer takes this feature out of the case, and renders it of no importance. If the transfer by the son was without fraud, it is not important that a full consideration for the land was not paid; the transaction was perfectly valid. It is sufficient that the
The assignment of error covering the alleged erroneous admission of evidence has been fully considered, and we find no reversible error in the rulings of the court on this subject. While it is true that it is not competent for witnesses to testify to the intentions of other persons, the admission of such evidence in this case, to the effect that William Gerlich intended to get married, was clearly not prejudicial to plaintiff and is not ground for a new trial.
Order affirmed.