Hargadine v. Henderson
Supreme Court of Missouri
Appeal from, Howard Circuit Court. — Hon. G. II. Bueckhaett, Judge. (1) In this conveyance, there is no condition of defeasance, but by it Henderson absolutely appropriated all of his property, except his exemptions, to the payment of the debts named, and delivered the immediate possession to Harrison, to sell and raise a fund with which to pay said debts. “ It does not purport to be a security-for a debt, with power to sell if the debt be not paid when due.
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Appeal from, Howard Circuit Court. — Hon. G. II. Bueckhaett, Judge. (1) In this conveyance, there is no condition of defeasance, but by it Henderson absolutely appropriated all of his property, except his exemptions, to the payment of the debts named, and delivered the immediate possession to Harrison, to sell and raise a fund with which to pay said debts. “ It does not purport to be a security-for a debt, with power to sell if the debt be not paid when due. It conveys the property absolutely to trustees, to be sold for the payment of debts-named and preferred in it. It is clearly a partial…
1Opinion of the CourtBrace, J.
On the seventeenth day of September, 1885, the plaintiffs (on behalf of themselves and the other creditors of the defendant John F. Henderson) filed in the Howard county circuit court a petition, stating that on the twenty-second day of Juné, 1885, the defendant John F. Henderson had duly executed and acknowledged the following conv eyance, to-wit:
“Know all men by these presents, that whereas, I, John F, Henderson of Howard county, in the state of Missouri, am justly indebted to the Glasgow Savings Bank, a corporation, incorporated by the laws of the state of Missouri, in the following sums…
2Cases cited7 opinions
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