Sheppard v. Thomas
Supreme Court of Kansas
Error from Miami District Court. Action brought by Thomas against Sheppard, and three others, (Z. M. Perkins, Lucinda Perkins, and Herman Speilbursch,) to set aside as fraudulent a certain conveyance made by Z. M. Perkins to Ely Snyder, and by him to Lucinda Perkins, wife of Z. M. Perkins, and to subject the land thereby conveyed to sale, on a judgment in favor of the plaintiff and against said Z. M. Perkins.
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Error from Miami District Court. Action brought by Thomas against Sheppard, and three others, (Z. M. Perkins, Lucinda Perkins, and Herman Speilbursch,) to set aside as fraudulent a certain conveyance made by Z. M. Perkins to Ely Snyder, and by him to Lucinda Perkins, wife of Z. M. Perkins, and to subject the land thereby conveyed to sale, on a judgment in favor of the plaintiff and against said Z. M. Perkins. Trial by the court at the February Term, 1879, and findings and judgment for the plaintiff. The defendants bring the case here-. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The underlying question in this case is, whether a voluntary conveyance made with the actual intent to defraud existing creditors is void only as to such creditors, or whether the conveyance is also void as against all subsequent creditors? The record discloses that the court found as conclusions of fact, among others, that—
“On December 18, 1861, Z. M. Perkins purchased the lands in controversy from J. C. McCoy for $2,000, the consideration of which he paid with his own money.; that on August 26, 1865, he and "his wife Lucinda Perkins…
2Cases cited4 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Keeler v. UllrichMichigan Supreme Court · 1875
- Whitescarver v. BonneySupreme Court of Iowa · 1859
- Clark v. FrenchSupreme Judicial Court of Maine · 1843
3Cited by14 opinions
- Voorhis v. MichaelisSupreme Court of Kansas · 1891
- Department of Banking v. McMullenNebraska Supreme Court · 1938
- Wood v. National City BankCourt of Appeals for the Second Circuit · 1928
- Niebauer v. BivinsSupreme Court of Kansas · 1939
- State Bank v. ChattenSupreme Court of Kansas · 1904
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