O'Malley v. O'Malley

Wisconsin Supreme Court

O'Malley v. O'Malley

78 N.W. 753, 102 Wis. 639, 1899 Wisc. LEXIS 80

CourtWisconsin Supreme Court

DecidedApril 4, 1899

StatusPublished

Cited by3 cases

This text of 78 N.W. 753 (O'Malley v. O'Malley) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Malley v. O'Malley, 78 N.W. 753, 102 Wis. 639, 1899 Wisc. LEXIS 80 (Wis. 1899).

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Opinion

Dodge, J.

No discussion of the evidence can be useful in this case. There is abundant support for the findings that the deceased, in 1875, executed and delivered to the respondent the deed in question, which was promptly recorded. None of the debts’ now existing against the estate were in existence or in contemplation at that time, nor, indeed, for many years afterward. There can be no right in the administrator, under sec. 3832, Stats. 1898, to attack such conveyance except for intent to defraud the existing creditors, who alone are represented by him. It is wholly immaterial Avhether that deed was made upon sufficient, or any, consideration, or with intent to defraud the holder of some debt existing in 1875. Judgment was properly entered in favor of the defendant, and should be affirmed.

By the Court.— Judgment affirmed.

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Dodge, J.

No discussion of the evidence can be useful in this case. There is abundant support for the findings that the deceased, in 1875, executed and delivered to the respondent the deed in question, which was promptly recorded. None of the debts’ now existing against the estate were in existence or in contemplation at that time, nor, indeed, for many years afterward. There can be no right in the administrator, under sec. 3832, Stats. 1898, to attack such conveyance except for intent to defraud the existing creditors, who alone are represented by him. It is wholly immaterial Avhether that deed was made upon sufficient, or any, consideration, or with intent to defraud the holder of some debt existing in 1875. Judgment was properly entered in favor of the defendant, and should be affirmed.

By the Court.— Judgment affirmed.

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Bluebook (online)

78 N.W. 753, 102 Wis. 639, 1899 Wisc. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/omalley-v-omalley-wis-1899.

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