Legal Opinion

Gruner v. Scholz

Supreme Court of Missouri

Decided February 20, 1900PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Tbe presumption of law is that property acquired by tbe wife during coverture was paid for witb tbe means of the husband, and tbe burden of proof was on the defendants to rebut tbe presumption by evidence, specific and in detail, to sbqw where tbe money witb which tbe purchase was made came from.

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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Tbe presumption of law is that property acquired by tbe wife during coverture was paid for witb tbe means of the husband, and tbe burden of proof was on the defendants to rebut tbe presumption by evidence, specific and in detail, to sbqw where tbe money witb which tbe purchase was made came from. Garrett v. Wagner, 125 Mo. 461; Sloan v. Terry, 78 Mo. 623; Crook v. Tull, 111 Mo. 283; White v. Clasby, 101 Mo. 162; Patton v. Bragg, 113 Mo. 595; Mc-Terren v. Kenney, 22 Mo. App. 554. (2) Tbe purchase of tbe drug store…

1Opinion of the CourtGantt, P. J.

This is a suit in equity by a judgment creditor to set aside an alleged fraudulent conveyance to the wife of the judgment debtor of certain real estate in the city of St. Louis, described as Lot No. 31 in City Block 2432, having a front of fifty feet on west line of 20th street by a depth westwardly of one hundred and seventeen feet sis inches, bounded on the south by Ferry street and on the east by Twentieth street.

In 1883 Philip Scholz was conducting a planing mill and the debt for which the judgment was rendered grew out of that business. He failed, and on August 16, 1883, made a voluntary…

2Cases cited9 opinions

  1. Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
  2. Gage v. . DauchyNew York Court of Appeals · 1866
  3. Crook v. TullSupreme Court of Missouri · 1892
  4. Sloan v. TorrySupreme Court of Missouri · 1883
  5. Webster v. HildrethSupreme Court of Vermont · 1860

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3Cited by7 opinions

  1. Friedel v. BaileySupreme Court of Missouri · 1931
  2. Cole v. ColeSupreme Court of Missouri · 1910
  3. Fort Worth & D. C. Ry. Co. v. HuntCourt of Appeals of Texas · 1924
  4. Orchard v. CollierMissouri Court of Appeals · 1903
  5. Jones v. HoganMissouri Court of Appeals · 1909

2 more not listed; retrieve them via the Exa API.

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