Barry County Bank v. Russey
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. Jno. C. Lamson, Judge. The defendant would have been permitted to deed all his property to his wife if he had been out of debt and nobody wronged thereby. Payne v. Stanton, 59 Mo. 158; Lyonberger v. Baker, 88 Mo. 447; Mittelburg v. Harrison, 11 Mo. App. 136; Bank v. Overall, 16 Mo. App. 510. To the giving of the third instruction asked for by the plaintiff, we think the court undoubtedly committed reversible error.
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Appeal from the Newton Circuit Court. — Hon. Jno. C. Lamson, Judge. The defendant would have been permitted to deed all his property to his wife if he had been out of debt and nobody wronged thereby. Payne v. Stanton, 59 Mo. 158; Lyonberger v. Baker, 88 Mo. 447; Mittelburg v. Harrison, 11 Mo. App. 136; Bank v. Overall, 16 Mo. App. 510. To the giving of the third instruction asked for by the plaintiff, we think the court undoubtedly committed reversible error. This instruction tells the jury that although it believes from the evidence that the deed executed by defendant to Withers and from…
1Opinion of the CourtBland, P. J.
— Suit by attachment on promissory note. By amended affidavit plaintiff stated as a ground for attachment that the defendant had fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditors. Defendant put in a plea in abatement to the attachment, which on a trial before a jury was found against him. He filed his motion for new trial, which was overruled, and after judgment *654for plaintiff on the merits defendant duly appealed from the whole case.
Evidence. The evidence disclosed the fact that the defendant a short time before the commencement of the suit was…
2Cases cited10 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Albert v. BeselSupreme Court of Missouri · 1885
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Kincaid v. IrvineSupreme Court of Missouri · 1897
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3Cited by2 opinions
- Shull v. KallaunerMissouri Court of Appeals · 1927
- Kurtz v. TrollSupreme Court of Missouri · 1903