Herrington v. Herrington
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. The object of this action is to obtain a decree of title to certain lands in Jefferson county. The plaintiffs are Isaac A. S. Herrington, wlio sues by Ms next friend, and Ms father Isaac Herrington. The defendants are John Herrington, James A. Beal and Bazile Hiney.
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Appeal from Jefferson Circuit Court. The object of this action is to obtain a decree of title to certain lands in Jefferson county. The plaintiffs are Isaac A. S. Herrington, wlio sues by Ms next friend, and Ms father Isaac Herrington. The defendants are John Herrington, James A. Beal and Bazile Hiney. The facts as they appear in the finding of the facts by the court are substantially as follows: Isaac Herrington purchased the land mentioned in the petition and caused the legal title to be vested in John Herrington with a view to defraud his creditors, of whom James A. Beal was one. John…
1Opinion of the CourtRichardson, Judge
Before and at the time the transcript of Beal’s judgment was filed in the office of the clerk of the circuit court, Isaac Herrington was insolvent, and the land, being held by John Herrington fraudulently for the purpose of shielding it from Isaac’s creditors, was subject to Beal’s execution. The unrecorded title bond, by which John Herrington agreed to convey the land at a future day to Isaac’s children, could not and did not defeat the judgment lien, and the sheriff’s deed to Beal operated to convey the beneficial interest in the land. (Rankin v. Harper, 23 Mo. 579.) The deed of John…
2Cases cited1 opinion
- Rankin v. HarperSupreme Court of Missouri · 1856
3Cited by20 opinions
- Herrington v. McCollumIllinois Supreme Court · 1874
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
- Grant v. BennettIllinois Supreme Court · 1880
- Turner v. BabbSupreme Court of Missouri · 1875
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