Legal Opinion

Hall v. Callahan

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 15 opinions

Appeal from Jackson Circuit Court. — Hos. Samuel L. Sawyer, Judge. In July, 1868, one Samuel W. Nutter, being then largely indebted to several parties, for an expressed consideration of $17,000, conveyed all his property, personal and real, including a tract of six hundred acres of land, to his sister, Lizzie A. Nutter, who afterwards intermarried with James M. Callahan. The deed was recorded about the day of its date.

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Appeal from Jackson Circuit Court. — Hos. Samuel L. Sawyer, Judge. In July, 1868, one Samuel W. Nutter, being then largely indebted to several parties, for an expressed consideration of $17,000, conveyed all his property, personal and real, including a tract of six hundred acres of land, to his sister, Lizzie A. Nutter, who afterwards intermarried with James M. Callahan. The deed was recorded about the day of its date. Several of Nutter’s creditors brought suit against him by attachment, claiming that this conveyance was without consideration and fraudulent. In October, 1868, Nutter departed…

1Opinion of the CourtHenry, J.

— That a conveyance in fraud of creditors cannot be impeached by the grantor, or his administrator, is well settled in the State by the cases of McLaughlin v. McLaughlin, 16 Mo. 242 , Brown’s Admr. v. Finley, 18 Mo. 375, and George v. Williamson, 26 Mo. 190. The probate court of Lafayette county therefore, had no jurisdiction *324over the lands conveyed by said Nutter to his sister Lizzie A. Nutter, and the plaintiff acquired no title by his purchase of the land in controversy from the administrator: cases above cited.

Whether the doctrine of estoppel in pais applies to a married woman, as to land…

2Cases cited4 opinions

  1. Wilcox v. ToddSupreme Court of Missouri · 1877
  2. George v. WilliamsonSupreme Court of Missouri · 1858
  3. McLaughlin v. McLaughlin's AdministratorSupreme Court of Missouri · 1852
  4. Brown's Administrator v. FinleySupreme Court of Missouri · 1853

3Cited by15 opinions

  1. Henry v. SneedSupreme Court of Missouri · 1889
  2. Hickman v. GreenSupreme Court of Missouri · 1894
  3. Flesh v. LindsaySupreme Court of Missouri · 1893
  4. Macfarland v. HeimSupreme Court of Missouri · 1895
  5. Hord v. TaubmanSupreme Court of Missouri · 1883

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