Lyon v. Plankinton Bank

Citations

• 15 S.D. 400
• 89 N.W. 1017
• 1902 S.D. LEXIS 23

Syllabus

<p>Plaintiff claimed land under sale on executions on judgments against D, and alleged that defendants unjustly claimed some interest therein. • Defendants denied the complaint, and alleged, as new matter, that D formerly owned the land, and that he had conveyed it to defendants, and proved the execution of the deed. Plaintiff then gave evidence tending to show that the deed was intended to delay or defraud creditors. Held, that, under Comp. Laws, § 4933, providing that an allegation of new matter in the answer, not relating to a counterclaim, is to he deemed controverted by the plaintiff on a direct denial or avoidance, as the case may require, the issue of fraud was within the pleadings, and it was erfor for the court to make no finding on tha't issue.</p>