McCarthy v. E. H. Miller & Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James G-ibson, Judge. (1) Every deed of gift and conveyance of goods and chattels, in trust, to the use of the persons so making such deed of gift or conveyance, is declared to be void as against creditors, existing and subsequent, and purchasers.
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Appeal from the Jackson Circuit Court. — Hon. James G-ibson, Judge. (1) Every deed of gift and conveyance of goods and chattels, in trust, to the use of the persons so making such deed of gift or conveyance, is declared to be void as against creditors, existing and subsequent, and purchasers. R. S. 1879, sec. 2496. The court should have found for defendants, under the evidence in this case. ' The testimony of mortgagee (respondent), at pages 60, 61, 62 and 63 of record, shows that the mortgagor was to remain in possession of the property, sell and dispose of it, and not account for the…
1Opinion of the CourtEllison, J.
Defendants, E. M. Miller & Co., obtained judgment against F. T. McCarthy, and had execution issued and levied upon a horse and side-bar buggy as the property of said McCarthy.. Plaintiff Fannie, who is McCarthy’s wife, in conjunction with him, instituted this injunction proceedings-against the constable and other defendants to restrain the sale, alleging that she had a chattel mortgage on the property, executed to her by her husband, which was unpaid. The injunction was made perpetual by the circuit court, and defendants appeal.
The mortgage is on the property in dispute, as well as other…
2Cases cited5 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Stanley v. BunceSupreme Court of Missouri · 1858
- Weber v. ArmstrongSupreme Court of Missouri · 1879
- Walter v. WimerSupreme Court of Missouri · 1856
- Goddard v. JonesSupreme Court of Missouri · 1883
3Cited by4 opinions
- Sparks v. BrownMissouri Court of Appeals · 1891
- Martin-Perrin Mercantile Co. v. PerkinsMissouri Court of Appeals · 1895
- Hasbrouck v. RichMissouri Court of Appeals · 1905
- Burge ex rel. Babcock v. HunterMissouri Court of Appeals · 1902