Minneapolis Threshing Machine Co. v. Hanrahan

Citations

• 9 S.D. 520
• 70 N.W. 656
• 1897 S.D. LEXIS 103

Syllabus

<p>1. Issue of execution to the sheriff of the county where the judgment debtor lives, with return thereof unsatisfied, authorizes suit to reach property of his, standing in the name of another.</p> <p>2. A complaint in a suit to subject property standing in the name of wife to judgment against husband, alleging that the husband furnished the funds for purchase of the property, and caused title thereto to be put in her name, she never having any pecuniary interest therein, will not allow a contention that, though the funds with which the property was bought were hers, she was estopped to claim the property, because bought with the proceeds of property which she had allowed to stand in his name at the time he contracted the debt for which the judgment was rendered. Fuller, J., dissenting.</p>