Legal Opinion

Smith v. Kehr

U.S. Circuit Court for the District of Eastern Missouri

Decided July 1, 1872PublishedCited by 4 opinions

This is an appeal in bankruptcy from a decree of the district court for the Eastern district of Missouri. The appeal is taken by the assignee [John Ford Smith), by Mrs. Meyer, the wife of the bankrupt [Martin Meyer], and by Vogler. a creditor.

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This is an appeal in bankruptcy from a decree of the district court for the Eastern district of Missouri. The appeal is taken by the assignee [John Ford Smith), by Mrs. Meyer, the wife of the bankrupt [Martin Meyer], and by Vogler. a creditor. Mrs. Meyer claims that the district court erred in not allowing her the amount of the notes for $5,000 given to her by the bankrupt under the articles of separation; the assignee complains of so much of the decree as allows Mrs. Meyer’s $1,000 as a homestead exemption, and Vogler insists that the court erred in not recognizing that he was entitled to…

1Opinion of the Court

TREAT, District Judge.

In the fall of 1867, the bankrupt executed to [Edward C.] ICehr, as trustee, a deed to secure the payment of $5,000 to his wife’s trustee. Kehr, *585under the deed of trust and pending bank-' ruptey proceedings against Meyer, sold the property to her trustee for her benefit, for a sum greatly less than the value of the property, but had not delivered the deed when this bill was filed.

The bill alleges that there was no consideration for the deed to. Kehr, and that said •deed was fraudulent as to creditors, said Martin Meyer being largely indebted at its date. There was a…

2Cases cited9 opinions

  1. Reade v. LivingstonNew York Court of Chancery · 1818
  2. Potter v. McDowellSupreme Court of Missouri · 1860
  3. Salmon v. BennettSupreme Court of Connecticut · 1816
  4. Savage v. . MurphyNew York Court of Appeals · 1866
  5. Wells v. StoutCalifornia Supreme Court · 1858

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Kennedy v. First National BankSupreme Court of Alabama · 1894
  2. In Re MyersDistrict Court, W.D. Missouri · 1973
  3. First National Bank of Tuscaloosa v. KennedySupreme Court of Alabama · 1896
  4. Nichol v. County of DavidsonCourt of Appeals of Tennessee · 1877

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