Sexton v. Anderson
Supreme Court of Missouri
Appeal from, Boone Circuit Court. — Hon. Gr. H. , Burckiiartt, Judge, (1) The answer to the amended interplea avers that at the time of the conveyance to Elisha Sexton and Bush, by the firm, of their stock in trade, etc., the firm was insolvent, and that such insolvency was known to the grantees ; and that the sale was made by the firm, and accepted by Elisha Sexton, in contemplation of such insolvency, and with the intention of' hindering, delaying, and defrauding, the…
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Appeal from, Boone Circuit Court. — Hon. Gr. H. , Burckiiartt, Judge, (1) The answer to the amended interplea avers that at the time of the conveyance to Elisha Sexton and Bush, by the firm, of their stock in trade, etc., the firm was insolvent, and that such insolvency was known to the grantees ; and that the sale was made by the firm, and accepted by Elisha Sexton, in contemplation of such insolvency, and with the intention of' hindering, delaying, and defrauding, the other creditors of the firm in the collection of their debts. This, under long-established practice, is a proper issue in…
1Opinion of the CourtBlack, J.
James M. and James W. Anderson brought suit by attachment against' William J. and Thomas D. Sexton and James W. Kanatzar, partners doing business under the name of Sexton Brothers & Company. The writ was levied upon a stock of merchandise on the twenty-second of December, 1883. Other creditors attached about the same time, and the property was sold by order of the court. Elisha Sexton interpleaded, claiming the property and the proceeds arising from the sale thereof, amounting to forty-five hundred and thirty-two dollars, by virtue of a sale to him and M. S. Bush. Issues were made on this…
2Cases cited11 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Shelley v. BootheSupreme Court of Missouri · 1880
- Albert v. BeselSupreme Court of Missouri · 1885
- City of Maquoketa v. WilleySupreme Court of Iowa · 1872
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3Cited by50 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Balz v. NelsonMissouri Court of Appeals · 1903
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
- Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
45 more not listed; retrieve them via the Exa API.