Kincaid v. Irvine
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Reuben E. Roy, Judge. (1) The findings and judgment are against the law and evidence. Snyder v. Free, 114 Mo. 360; Lionberger v. Baker, 88 Mo.. 447. (2) The court excluded from the jury and disregarded the issue whether the conveyance was made to hinder, delay or defraud creditors. Nat.
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Appeal from Pike Circuit Court. — Hon. Reuben E. Roy, Judge. (1) The findings and judgment are against the law and evidence. Snyder v. Free, 114 Mo. 360; Lionberger v. Baker, 88 Mo.. 447. (2) The court excluded from the jury and disregarded the issue whether the conveyance was made to hinder, delay or defraud creditors. Nat. Tide Works Co. v. Machine Co., 118 Mo. 365; Sexton v. Anderson, 95 Mo. 373. (3) Part of the alleged consideration being fictitious renders the conveyance fraudulent. State ex rel. v. Hope, 102 Mo. 410; Seger’s Sons v. Thomas Bros., 107 Mo. 635; Bo-land v. Boss, 120 Mo.…
1Opinion of the CourtGantt, P. J.
This is a suit in equity to set aside a deed to eighty acres of land made by William E. Irvine to Jesse Irvine.
Plaintiffs are creditors of William E. Irvine who died soon after the execution of the said deed to his brother. They have had their claims, amounting in *618the aggregate to $361.15, duly probated against his estate.
The bill charges fraud in the said conveyance in this, to wit, that said pretended conveyance was made without consideration or at least for a nominal sum compared with the value of said land and was fraudulent and void against creditors, as defendant well knew at the time;…
2Cases cited2 opinions
- Baker v. HarveySupreme Court of Missouri · 1896
- Nichols v. EllisSupreme Court of Missouri · 1889
3Cited by10 opinions
- Allison v. MildredSupreme Court of Missouri · 1957
- Farmers & Merchants Bank v. FunkSupreme Court of Missouri · 1936
- Farmers Bank v. HandlySupreme Court of Missouri · 1928
- Boone County National Bank v. NewkirkSupreme Court of Missouri · 1898
- Graveman v. HunckerSupreme Court of Missouri · 1940
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