Hoffman v. Nolte
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) A creditor is not necessarily the holder of a debt merely, as that term is generally understood; for one having a legal right to damages capable of judicial enforcement is a creditor within the meaning of the statutes and law upon the subject of fraudulent conveyances. 8 Am. & Eng.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) A creditor is not necessarily the holder of a debt merely, as that term is generally understood; for one having a legal right to damages capable of judicial enforcement is a creditor within the meaning of the statutes and law upon the subject of fraudulent conveyances. 8 Am. & Eng. Encyclopedia of Law, p. 750, and cases there cited under note 1. (2) Where a man creates a joint tenancy between himself and son, or takes title to property in the joint name of himself and wife, the conveyance being voluntary, if there is…
1Opinion of the CourtG-antt, P. J.
This is an action in equity to divest the title from defendant Anna Nolte in certain real estate in the city of St. Louis, and to set aside a certain deed of conveyance thereto by Joseph Nolte on the ground that it was executed in fraud of creditors. The tract contains twenty-one and thirty-nine hundredths acres. The substance of the petition is as follows:
Plaintiff states that on the fifteenth day of March, A. D. 1892, he recovered a judgment in the circuit court of *126the city of St. Louis, state of Missouri, against Joseph Nolte, now deceased, for the sum of $1,679.60 as appears by the…
2Cases cited14 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
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- Sloan v. TorrySupreme Court of Missouri · 1883
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3Cited by14 opinions
- Fidelity Trust Co. v. Union National BankSupreme Court of Pennsylvania · 1933
- Commerce Trust Co. v. WoodburyCourt of Appeals for the Eighth Circuit · 1935
- Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1956
- Johnson v. MurphySupreme Court of Missouri · 1904
- Wilkinson v. LivingstonCourt of Appeals for the Eighth Circuit · 1930
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