Bangert v. Bangert
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court, Edwards, J. A voluntary deed is fraudulent and void as to existing creditors, when made with intent to hinder, delay, or defraud such creditors. — Bump on Fr. Conv. 281; Potter v. McDowell, 31 Mo. 62. Evidence to create a resulting trust must be clear, strong, and unequivocal, and such as to leave no room for reasonable doubt.
Read the full summary
Appeal from St. Louis County Circuit Court, Edwards, J. A voluntary deed is fraudulent and void as to existing creditors, when made with intent to hinder, delay, or defraud such creditors. — Bump on Fr. Conv. 281; Potter v. McDowell, 31 Mo. 62. Evidence to create a resulting trust must be clear, strong, and unequivocal, and such as to leave no room for reasonable doubt. A mere preponderance of evidence will not do. — Ringo v. Richardson, 53 Mo. 385 ; Kennedy v. Kennedy, 57 Mo. 73 ; Thomas v. Chicago, 55 Ill. 403. A husband by marriage acquires an absolute right to all the personal property in…
1Opinion of the CourtBakewell, J.
This is an action by a creditor of defendant Henry Ban-gert, to set aside a conveyance of the latter, as being made in fraud of creditors. There is also a count in ejectment. The parties defendant are Henry Bangert and his wife, William Benne, to whom Bangert and wife conveyed the property in question, and Herman Benne, to whom William Benne conveyed the property upon certain trusts. After a general denial, these defendants set up, that Henry Ban-gert purchased the land with money belonging to his wife and *147her children ; that he never had any beneficial interest in the land, and that the…
2Cases cited5 opinions
- Woodford v. StephensSupreme Court of Missouri · 1873
- Wilson v. SheppardSupreme Court of Alabama · 1856
- Clark v. National BankSupreme Court of Missouri · 1870
- Kidwell v. KirkpatrickSupreme Court of Missouri · 1879
- Payne v. TwymanSupreme Court of Missouri · 1878
3Cited by6 opinions
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Burns v. BangertMissouri Court of Appeals · 1884
- Burns v. BangertSupreme Court of Missouri · 1887
- Cooper v. StandleyMissouri Court of Appeals · 1890
- State ex rel. Grabinsky v. SmitMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.