Payne v. Stanton
Supreme Court of Missouri
dip peal from Sullivan Circuit Court. I. To set aside a prior voluntary conveyance, a subsequent creditor must prove fraud in fact. (Read vs. Livingston, 3 Johns. Ch., 501; 2 Sto.
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dip peal from Sullivan Circuit Court. I. To set aside a prior voluntary conveyance, a subsequent creditor must prove fraud in fact. (Read vs. Livingston, 3 Johns. Ch., 501; 2 Sto. Eq., §§ 355-366; Saxton vs. Wheaton, 8 Wheat., 229-30; Pepper vs. Carter, 11 Mo., 510; Vogler vs. Montgomery, 51 Mo., 577.) It is not contended that the conveyance from George to Edgar Stanton is fraudulent per se; but it is contended that the evidence clearly shows that it was fraudulent as against his creditors and the plaintiff in this suit.
1Opinion of the CourtWagner, Judge
From the record it appears that in the year 1859, George Stanton, the father of the defendant herein, conveyed to the defendant the lauds in controversy in this suit. The defendant was a minor at the time and the conveyance was voluntary. George -Stanton at that time was about to start for California and he was indebted to one Jackson in about the sum of fifty dollars, which he subsequently paid. He returned from California in 1870 or 1871 and again became indebted to Jackson in a little upwards of one hundred dollars, and then left his family and went to Texas. On the last named…
2Cases cited6 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Reade v. LivingstonNew York Court of Chancery · 1818
- Potter v. McDowellSupreme Court of Missouri · 1860
- Salmon v. BennettSupreme Court of Connecticut · 1816
- Pepper v. CarterSupreme Court of Missouri · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lionberger v. BakerSupreme Court of Missouri · 1885
- Wallace v. PenfieldSupreme Court of the United States · 1882
- Scharff v. McGaughSupreme Court of Missouri · 1907
- Frank v. CaruthersSupreme Court of Missouri · 1891
- Lander v. ZiehrSupreme Court of Missouri · 1899
9 more not listed; retrieve them via the Exa API.