Legal Opinion

Bobb v. Bobb

Missouri Court of Appeals

Decided January 27, 1880PublishedCited by 1 opinion

Appeal from the St. Louis Circuit Court. A bill by creditors against executor and heir, and several distinct purchasers of distinct parts of testator’s real estate, for account and performance of agreement, held not multifarious. — 5 Mad. 144, note b; Barb, on Parties, 349. And several judgment-creditors, holding different judgments, may unite in filing a creditors’ bill to reach the equitable interests and choses in action of the debtor, or to obtain the aid of the court to…

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Appeal from the St. Louis Circuit Court. A bill by creditors against executor and heir, and several distinct purchasers of distinct parts of testator’s real estate, for account and performance of agreement, held not multifarious. — 5 Mad. 144, note b; Barb, on Parties, 349. And several judgment-creditors, holding different judgments, may unite in filing a creditors’ bill to reach the equitable interests and choses in action of the debtor, or to obtain the aid of the court to enforce their liens at law. — 1 Barb. Ch. 154; 1 Paige, 637; 3 Paige, 320 ; 4 Paige, 23 ; 6 Johns. Ch. 151; 12 Barb.…

1Opinion of the CourtHayden, J.

This is a petition, in the nature of a creditors’ bill, to subject a large number of distinct pieces of property, many of which are described as encumbered by deeds of trust, to the plaintiffs’ judgment, the prayer being that the lands may be adjudged to be the property of the debtor, Charles Bobb, free from the lien of the deeds of trust, which are *259alleged to have been made iu fraud of creditors, and from any claim on the part of the parties in whose names the debtor has caused the property to be placed. There was a demurrer to the bill for multifariousness and other grounds, and judgment…

2Cases cited6 opinions

  1. Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
  2. Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
  3. Hammond v. Hudson River Iron & Machine Co.New York Supreme Court · 1855
  4. President, Directors & Co. of Bank of America v. PollockNew York Court of Chancery · 1843
  5. Jones v. PaulSupreme Court of Missouri · 1845

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

3Cited by1 opinion

  1. Lindley v. RussellMissouri Court of Appeals · 1884

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