Holmes v. Braidwood
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. Gr. D. Burgess, Judge. The court erred in saying to the jury that if tbe Huiskamps had knowledge of Braidwood’s intent to defraud the conveyance was fraudulent. It was admitted that interpleaders were in good faith creditors. In such case a mere knowledge of a fraudulent intent on the part of the grantor does not avoid the conveyance. The grantee must participate in the fraud. This is the modern and now well settled rule.
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Appeal from Grundy Circuit Court. — Hon. Gr. D. Burgess, Judge. The court erred in saying to the jury that if tbe Huiskamps had knowledge of Braidwood’s intent to defraud the conveyance was fraudulent. It was admitted that interpleaders were in good faith creditors. In such case a mere knowledge of a fraudulent intent on the part of the grantor does not avoid the conveyance. The grantee must participate in the fraud. This is the modern and now well settled rule. Shelley v. Boothe, 78 Mo. 74; Kohn v. Clement, 58 la. 589; Anderson v. Warner, 5 111. App. 416; Butler v. White, 25 Minn. 432 ;…
1Opinion of the Court
Philips, C.
This action was instituted in a justice’s court. Plaintiffs brought action by attachment under which certain goods were seized as the property of defendant, Braidwood. Huiskamp & Bro., partners, interpleaded, claiming to be the owners of the goods. On trial had in the justice’s court, the issues were found for the plaintiffs. Interpleaders appealed to the circuit court, where on trial de novo, the plaintiffs again obtained a verdict and judgment, from which interpleaders prosecute this appeal.
The evidence on the part of interpleaders tended to show, in fact it was admitted by…
2Cases cited10 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Shelley v. BootheSupreme Court of Missouri · 1880
- Noble v. BlountSupreme Court of Missouri · 1883
- Kohn Bros. v. Clement, Morton & Co.Supreme Court of Iowa · 1882
- Whetstone v. ShawSupreme Court of Missouri · 1879
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3Cited by56 opinions
- Chase v. DriverCourt of Appeals for the Eighth Circuit · 1899
- Volusia County Bank v. BigelowSupreme Court of Florida · 1903
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Peck v. ChouteauSupreme Court of Missouri · 1886
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
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