Ruhe v. Buck
Supreme Court of Missouri
Appeal from Atchison Circuit Court.—Hon. C. A. Anthony, Judge. (1) The court below erred in finding for the defendant for the reason that the equitable title of defendants Julia, E. and O. W. Buckin the property in controversy was subject to attachment, execution and sale.
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Appeal from Atchison Circuit Court.—Hon. C. A. Anthony, Judge. (1) The court below erred in finding for the defendant for the reason that the equitable title of defendants Julia, E. and O. W. Buckin the property in controversy was subject to attachment, execution and sale. Revised Statutes, 1889, sec. 4915; Edcly v. Baldwm, 23 Mo. 588. (2) The court erred in finding for defendants for the reason that the assignment of the Perkins contract to Mrs. Julia E. Buck was a fraud upon her husband’s creditors, and the land was therefore liable to sale upon attachment and execution at the instance of…
1Dissent
STATEMENT.
Sherwood, J.
(dissenting).—Lot number 16 in block number 9, in the town of Tarkio furnishes the subject-matter for this litigation which takes the form of an equitable proceeding to divest the title out of certain of the defendants who had bought the equitable interest in the lot of Buck and wife after the levy of the writ of attachment on the lot, plaintiff being the purchaser under such attachment proceedings, which were instituted in March, 1887, amended in June, 1889, so as to include two personal judgments rendered against Buck and wife then residents of Dakota, and ■judgment…
2Cases cited13 opinions
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Robinson v. QueenTennessee Supreme Court · 1889
- Baum v. BirchallSupreme Court of Pennsylvania · 1892
- Irvine v. LeyhSupreme Court of Missouri · 1890
- Hill v. ChaseMassachusetts Supreme Judicial Court · 1886
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