Woodson v. Pool
Supreme Court of Missouri
jError to Jackson Circuit Court. This was a bill in equity in the Jackson Circuit Court by Woodson, an execution purchaser, to declare a settlement of a tract of land in Jackson county, made by James Pool upon his wife and children, void for fraud upon his creditors.
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jError to Jackson Circuit Court. This was a bill in equity in the Jackson Circuit Court by Woodson, an execution purchaser, to declare a settlement of a tract of land in Jackson county, made by James Pool upon his wife and children, void for fraud upon his creditors. The suit was against the settler, James Pool, James Brown, the trustee, Hall, from whom Pool acquired the land, and Pool’s children, the beneficiaries in the trust, the mother having died since the creation of the trust, and Dresser, a tenant of Pool’s, in possession of the land. The facts of the case are about these: At the…
1Opinion of the CourtScott, Judge
1. The second section of the act concerning fraudulent conveyances, embodies the principle which must be decisive of this controversy. In the construction of this section, it has always been held, that indebtedness, at the time of a voluntary conveyance was evidence of fraud. Some diversity of opinion has existed as to the extent of the indebtedness, in some eases, as almost every man must be indebted for some small 'amounts. But this case leaves no doubt that the indebtedness was to such an extent as must have affected the bona fides of the transaction. One of the debts for which the land…
2Cited by8 opinions
- McBreen v. McBreenSupreme Court of Missouri · 1900
- First National Bank v. FrySupreme Court of Missouri · 1902
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Smith v. KehrU.S. Circuit Court for the District of Eastern Missouri · 1872
- Simon v. NortonMissouri Court of Appeals · 1894
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