DeBerry v. Wheeler
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Wm. S. Herndon, Judge. (1) Both conveyances of which the plaintiff complains, being voluntary and made without consideration, are void as to creditors.
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Appeal from Clinton Circuit Court. — Hon. Wm. S. Herndon, Judge. (1) Both conveyances of which the plaintiff complains, being voluntary and made without consideration, are void as to creditors. R. S. 1889, sec. 5170; Patton v. Bragg, 113 Mo. 595; Snyder v. Free, 114 Mo. 360; Sloan v. Torry, 78 Mo. 623. (2) A wife having permitted her husband to hold himself out to the world as the owner of the land in question and thereby obtain business credit and standing, will not be permitted to claim the land as her own when the creditors of her husband sue him for their debt. Riley v. Vaughan, 116 Mo.…
1Opinion of the Court
Macfarlane, J. —
This is an action in the nature of a creditor’s bill, the object of which is to reach certain real estate, the title of which was in defendant Caroline T. Wheeler, wife of defendant William H. Wheeler, and subject the same to the payment of a judgment in favor of plaintiff and against the said William H. Wheeler and others.
The evidence in brief disclosed these facts: Defendants, the said William H. and Caroline T. Wheeler, were married about the year 1884. The wife was then possessed of real and personal property. The husband owned nothing. About the twelfth of March, 1888,…
2Cases cited2 opinions
- Hart v. LeeteSupreme Court of Missouri · 1891
- Riley v. VaughanSupreme Court of Missouri · 1893
3Cited by25 opinions
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- Brown v. DaughertyU.S. Circuit Court for the District of Missouri · 1903
- Johnson v. GarnerDistrict Court, D. Nevada · 1916
- Sanders v. ChartrandSupreme Court of Missouri · 1900
- First National Bank v. RagsdaleMissouri Court of Appeals · 1902
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