State ex rel. Decker v. D'Oench
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a suit upon an indemnifying bond given to the sheriff to recover the value of property levied upon under execution, &c., and claimed by Decker as trustee in a deed of trust made by the execution debtor. The defence set up in the answer was, that the deed of trust was made for the purpose of defrauding creditors. The verdict and judgment were for the plaintiff.
1Opinion of the CourtBates, Judge
This case was heretofore submitted to the court, and an opinion prepared by Judge Napton in which Judge Ewing concurred, (Judge Scott being absent,) and the parties have agreed that that opinion shall stand as the dscision of the court. In accordance therewith, the judgment below is affirmed,
all the judges concurring. Napton, Judge.
The deed of trust, which was the subject of controversy in this case, was not attacked on the ground that it was void upon its face because made to the use of the grantor, nor that the intention of the parties to it was that the grantor should remain in possession…
2Cited by8 opinions
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Weber v. ArmstrongSupreme Court of Missouri · 1879
- Davenport v. FoulkeIndiana Supreme Court · 1879
- Kuh v. GarvinSupreme Court of Missouri · 1894
- Donnell v. ByernSupreme Court of Missouri · 1879
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