Legal Opinion

Green v. Baxter

Missouri Court of Appeals

Decided January 21, 1902Published

Appeal from Hannibal Court of Common Pleas. — Hon. D. H. Bby, Judge. (1) The evidence indubitably proves that Willis M. Baxter was a citizen of Hannibal, Missouri, the head of a family, that he had none of the property described in subdivisions 1 and 2, in section 3159, Revised Statutes 1899, no real estate, and that'his entire personalty was less than $300; that the assignment to RoBards was as collateral security for a valid indebtedness, money loaned and meritorious legal…

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Appeal from Hannibal Court of Common Pleas. — Hon. D. H. Bby, Judge. (1) The evidence indubitably proves that Willis M. Baxter was a citizen of Hannibal, Missouri, the head of a family, that he had none of the property described in subdivisions 1 and 2, in section 3159, Revised Statutes 1899, no real estate, and that'his entire personalty was less than $300; that the assignment to RoBards was as collateral security for a valid indebtedness, money loaned and meritorious legal services, that neither party contemplated acting under the assignment as vesting an absolute property in RoBards. No…

1Opinion of the Court

GOODE, J".-

— No point was made by any of the parties about the propriety of this proceeding on the part of the constable, nor shall we make any. It ought to be stated there is no evidence proving or tending to prove the transaction between Baxter and RoBards, by which the former’s note against Barkley was assigned to the latter as collateral security for money borrowed and legal services to be rendered, or the subsequent assignment of the judgment for the amount of said note for the same purpose, was inspired by a corrupt motive *639or made for the purpose of hindering or defrauding Baxter’s…

2Cases cited9 opinions

  1. Vogler v. MontgomerySupreme Court of Missouri · 1874
  2. Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
  3. State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
  4. Megehe v. DraperSupreme Court of Missouri · 1855
  5. Davis v. LandSupreme Court of Missouri · 1885

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