Fehlig v. Busch
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrowj Judge. (1) Plaintiff claims that the evidence shows that this conveyance made Busch insolvent; and it being voluntary on his part, it is void as to the plaintiff as one of Busch’s creditors at the time.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrowj Judge. (1) Plaintiff claims that the evidence shows that this conveyance made Busch insolvent; and it being voluntary on his part, it is void as to the plaintiff as one of Busch’s creditors at the time. Potter v. McDowell, 31 Mo. 62. “It is sufficient in such cases to show that the grantor was in embarrassed or doubtful circumstances, and was not possessed of ample means, outside of the particular property, for the satisfaction of Ms then existing debts. When this condition of affairs is proven to exist, the conveyance in…
1Opinion of the CourtMarshall, J.
This is a bill in equity to subject lots 21, 22, 23 and 26 and a strip fifteen feet wide by about one hundred and forty feet long lying east of lot 23, in city block 3119 of the city of St. Louis, to the payment of the balance of some fourteen thousand dollars alleged to be due on a judgment in favor of the plaintiff and against the defendant Busch. The judgment of the circuit court was in favor of the real defendant, the Holy Ghost Parish Association, and the plaintiff appealed.
The material averments of the pleadings and the substance of the facts shown on the trial are so fairly and clearly…
2Cases cited3 opinions
- Lloyd v. FultonSupreme Court of the United States · 1876
- State ex rel. Wyatt v. Wabash RailroadSupreme Court of Missouri · 1893
- Kenefick v. City of St. LouisSupreme Court of Missouri · 1895
3Cited by10 opinions
- Fulton v. City of LockwoodSupreme Court of Missouri · 1954
- Day v. JohnsonCourt of Appeals of Texas · 1903
- Moore v. CarterSupreme Court of Missouri · 1947
- Johnson v. MurphySupreme Court of Missouri · 1904
- Childers v. PickenpaughSupreme Court of Missouri · 1909
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