Wisconsin Supreme Court, 1897

Torrey Cedar Co. v. Eul

Torrey Cedar Co. v. Eul
Wisconsin Supreme Court · Decided April 7, 1897 · Winslow
95 Wis. 615; 70 N.W. 823; 1897 Wisc. LEXIS 242

Counsel

F. J. Goodrich, for the appellant,, For the respondents there was a brief by M. J. Walhrich, attorney, and Greene, Yroman & Fairchild, of counsel, and oral argument by B. L. Parker.

Torrey Cedar Co. v. Eul

Opinion of the Court

WiNslow, J.

The findings of fact cannot be disturbed, because they are supported by sufficient evidence. The transfer of the homestead cannot be attacked, because it w;as exempt. The $1,700 mortgage was practically a first lien on the 180 acres of land outside of the homestead, because that must first be sold in case of foreclosure. Rozek v. Redzinski, 87 Wis. 525. There was left, therefore, an equity of redemption amounting to $300 in the non-exempt land, which the appellant could reach in case the conveyance was fraudulent. The court below was- of opinion that the children paid a full and adequate consideration for this equity of redemption, and that the fact that the children also agreed to support their father in consideration of the transfer of the exempt homestead and this small and .problematical *618■equity of redemption did not render tbe conveyance void' as to creditors. In tbis conclusion we agree.

By the Court.— Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.