Ball v. O'Neill
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) Ball having participated in the fraud of the said Mattie Soper the law punishes that fraud by remitting the property to the attachments of other creditors, thus postponing him to the demands of others. McNichols v.Bubelman,-13 Mo. App. 515, 522; Bolancl v. Boss, 120 Mo. 208, 217; Elbe Works Co. v. Machine Co., 118 Mo. 365, 376, 377; Seger’s Sons v. Thomas Bros., 107 Mo. 635, 644; Cole v. Yancy, 62 Mo.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) Ball having participated in the fraud of the said Mattie Soper the law punishes that fraud by remitting the property to the attachments of other creditors, thus postponing him to the demands of others. McNichols v.Bubelman,-13 Mo. App. 515, 522; Bolancl v. Boss, 120 Mo. 208, 217; Elbe Works Co. v. Machine Co., 118 Mo. 365, 376, 377; Seger’s Sons v. Thomas Bros., 107 Mo. 635, 644; Cole v. Yancy, 62 Mo. App. 234; s. o., 1 Mo. App. 502, 503; Gregory v. Sitlington, 54 Mo. App. 60; Wallach v. Wylie, 28 Kan. 138, 152, 153;…
1Opinion of the CourtEllison, J.
This cause is replevin and was tried by the court, without the aid of a jury, and a judgment rendered for plaintiff. It appears that plaintiff held the property under a chattel mortgage from one Mattie Soper, and that shortly after he took possession under the mortgage, the defendant sheriff seized it under a writ of attachment, issued in a suit in behalf of a creditor of said Mattie Soper. The mortgage was given to secure to plaintiff the payment of three promissory notes, of uneven dates, but which were, in fact, all made on the day of the execution of the mortgage, viz., April 26, 1893.…
2Cases cited6 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Boland v. RossSupreme Court of Missouri · 1894
- Hardcastle v. FisherSupreme Court of Missouri · 1856
- McNichols v. RichterMissouri Court of Appeals · 1883
- Pinneo v. HartSupreme Court of Missouri · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jones v. Third Nat. Bank of SedaliaCourt of Appeals for the Eighth Circuit · 1926
- Webb City Lumber Co. v. Victor Mining Co.Missouri Court of Appeals · 1899
- Haydon v. Alkire Grocery Co.Missouri Court of Appeals · 1901