State ex rel. Hepburn v. Mueller
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. The deed of trust from John R. Coleman to James M. Carpenter, trustee, is void in law, because it is a conveyance to the grantor’s use and intended to hinder, delay, or defraud creditors. —Bigelows. Stringer, 40 Mo. 195 ; Doyle v. Smith, 1 Cald. 15 ; Smith v. Ely, 10 Nat. Bank. Reg. 553 ; Woodv. Lowrey, 17 Wend. 492 ; Davisr. Ransom, 18 111. 396 ; Reiser v. Peticolas, 50 Texas, 638 ; 1Mob-ley v. Leets (Sup. Ct.
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Appeal from the St. Louis Circuit Court, Thayer, J. The deed of trust from John R. Coleman to James M. Carpenter, trustee, is void in law, because it is a conveyance to the grantor’s use and intended to hinder, delay, or defraud creditors. —Bigelows. Stringer, 40 Mo. 195 ; Doyle v. Smith, 1 Cald. 15 ; Smith v. Ely, 10 Nat. Bank. Reg. 553 ; Woodv. Lowrey, 17 Wend. 492 ; Davisr. Ransom, 18 111. 396 ; Reiser v. Peticolas, 50 Texas, 638 ; 1Mob-ley v. Leets (Sup. Ct. Ind. 1878), 6 Reporter, 13 ; Gonnah v. SedgwicTc, 1 Barb. 210; Hart v. Grane, 7 Paige, 37.; Gator v. Collins, 2 Mo. App. 225. The…
1Opinion of the CourtBakewell, J.
On April 25, 1879, the sheriff by virtue of an execution in favor of Meyer Bros. & Co., and against Coleman, levied upon the contents of a drug-store. Whereupon Mrs. Hepburn and Carpenter claimed the property as owners; an indemnifying bond was executed to the sheriff, and the present action is upon this bond. The cause was submitted to the court, a jury being waived, and there was a finding and judgment for plaintiff.
The evidence showed that Coleman was largely indebted to several creditors, some of whom were pressing for settlement. Amongst his creditors was Mrs. Hepburn, to whom he owed…
2Cases cited1 opinion
- Hubbard v. GilpinSupreme Court of Missouri · 1874
3Cited by4 opinions
- First National Bank of Stevens Point v. KnowlesWisconsin Supreme Court · 1886
- Oliver-Finnie Grocer Co. v. MillerMissouri Court of Appeals · 1893
- Hasbrouck v. RichMissouri Court of Appeals · 1905
- Ring v. RingMissouri Court of Appeals · 1882