Rankin v. Harper
Supreme Court of Missouri
•Appeal from St. Louis Land Court. Tbe petition of the plaintiff, Harper, sets forth substantially that plaintiff is entitled to the possession of the land in contro - versy ; that one Otis West, under whom plaintiff claims, purchased the same at a sheriff’s sale on execution under a judgment against Daniel Harper, one of the defendants, and received the sheriff’s deed therefor dated May 15, 1846 ; that defendants have been in unlawful possession of said premises since May…
Read the full summary
•Appeal from St. Louis Land Court. Tbe petition of the plaintiff, Harper, sets forth substantially that plaintiff is entitled to the possession of the land in contro - versy ; that one Otis West, under whom plaintiff claims, purchased the same at a sheriff’s sale on execution under a judgment against Daniel Harper, one of the defendants, and received the sheriff’s deed therefor dated May 15, 1846 ; that defendants have been in unlawful possession of said premises since May 15th, 1846 ; that “ in the year 1839, the said Daniel Harper was largely indebted, and was in fact insolvent; and that at…
1Opinion of the CourtLeonard, Judge
The main question in this case is, whether land, purchased in the name of a child for the purpose of defrauding creditors, is subject to sale under our execution laws ; or whether, in such a case, the only remedy of creditors is_to purchase the property in equity, and have it declared subject to a trust for the payment of debts. This is a new question here to some extent, although somewhat involved in the case of Howe & Wallace v. Waysman, heretofore determined in this court, (12 Mo. 169,) *585and we proceed to consider it both on principle and authority, but in as brief a manner as possible.
Under…
2Cases cited3 opinions
- In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
- Howe & Wallace v. WaysmanSupreme Court of Missouri · 1848
- Wait v. DayNew York Supreme Court · 1847
3Cited by17 opinions
- McIlvaine v. SmithSupreme Court of Missouri · 1867
- Herrington v. HerringtonSupreme Court of Missouri · 1858
- Poulson v. CollierMissouri Court of Appeals · 1885
- Baumgartner v. GuessfeldSupreme Court of Missouri · 1866
- Madget v. JenkinsSupreme Court of Missouri · 1970
12 more not listed; retrieve them via the Exa API.