White v. McPheeters
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. The claim of Mrs. McPheeters to the property, and its proceeds, if sold, was superior to that of the creditors of Joseph H. It was purchased with her money, and the creditors of her husband had no claim, legal or equitable, to it, or to property in which it might be invested. Joseph H. McPheeters had no interest in the property by virtue of the deed of trust to Jno. T. Redd, except a contingent one.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. The claim of Mrs. McPheeters to the property, and its proceeds, if sold, was superior to that of the creditors of Joseph H. It was purchased with her money, and the creditors of her husband had no claim, legal or equitable, to it, or to property in which it might be invested. Joseph H. McPheeters had no interest in the property by virtue of the deed of trust to Jno. T. Redd, except a contingent one. His interest was not vested; it was contingent, dependent on the will and act of Ann W. If she chose to. sell the property during her…
1Opinion of the CourtNorton, J.
This suit, which is a proceeding in equity in the .nature of a creditor’s bill, to subject to sale for the payment of certain debts of Joseph II. McPheeters, mentioned in the petition, block 74 in the city of Palmyra, was instituted in the Marion county circuit court, and being transferred from the said court, by change of venue, to the Macon county circuit court, was there tried and a decree granting the prayer of the petition was rendered, from which defendants prosecute their appeal to this court.
The following are undisputed facts in the ease, viz: The said real estate was originally owned…
2Cases cited2 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Smith v. WalserSupreme Court of Missouri · 1872
3Cited by16 opinions
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- Godman v. SimmonsSupreme Court of Missouri · 1892
- Turner v. JohnsonSupreme Court of Missouri · 1888
- McDonald v. Bayard Savings BankSupreme Court of Iowa · 1904
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