Legal Opinion

Craig v. Zimmerman

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 17 opinions

Appeal from Buchanan Circuit-. Court. — Vinton Pike,. Esq., Special Judge. (1) The decree is not warranted by the evidence-The evidence does not show that appellants received the-deed from Bender without any consideration and with-knowledge that Bender held the title fraudulently., (3) The evidence shows'that Albin had more than suiii■cient property to pay the debt and, therefore, respondent’s suit cannot be maintained.

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Appeal from Buchanan Circuit-. Court. — Vinton Pike,. Esq., Special Judge. (1) The decree is not warranted by the evidence-The evidence does not show that appellants received the-deed from Bender without any consideration and with-knowledge that Bender held the title fraudulently., (3) The evidence shows'that Albin had more than suiii■cient property to pay the debt and, therefore, respondent’s suit cannot be maintained. Payne v. Sheldon, 63 Barb. 169; Jennings v. Howard, 80 Ind. 216. (3)Thécourt ;should not have set aside the deed from Tootle to appellants. An innocent purchaser can convey a…

1Opinion of the CourtBlack, J.

The plaintiff is a judgment creditor of Albin. By this suit he asked and obtainéd a decree setting aside certain deeds and subjecting the lot in question to sale for the payment of his debt of which there is about one thousand dollars unpaid. In 1870 the defend.ant, Albin, made a mortgage to the Home Stock Insurance Company to secure a stock note for five thousand ■dollars. This mortgage was foreclosed in 1875 and the property sold thereunder, and the defendant, Bender, became the purchaser of some seven or eight parcels in•cluding the lot in question. A judgment was recovered by T. A. King…

2Cases cited3 opinions

  1. Evans v. NealisIndiana Supreme Court · 1879
  2. Howe & Wallace v. WaysmanSupreme Court of Missouri · 1848
  3. Wineland v. CoonceSupreme Court of Missouri · 1838

3Cited by17 opinions

  1. Castorina v. HerrmannSupreme Court of Missouri · 1937
  2. Hendricks v. CallowaySupreme Court of Missouri · 1908
  3. First National Bank v. StanleyMissouri Court of Appeals · 1891
  4. Nadeau v. Texas CompanyMontana Supreme Court · 1937
  5. National Tube Works Co. v. Ring Refrigerating & Ice Machine Co.Supreme Court of Missouri · 1893

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