Potter v. McDowell
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a suit by attachment brought by John O. Potter and others against John McDowell. The petition was filed April 7, 1858. The attachment was on the ground that the defendant had “ fraudulently conveyed or assigned his property or effects so as to hinder and delay his creditors.”
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Appeal from St. Louis Circuit Court. This was a suit by attachment brought by John O. Potter and others against John McDowell. The petition was filed April 7, 1858. The attachment was on the ground that the defendant had “ fraudulently conveyed or assigned his property or effects so as to hinder and delay his creditors.” Certain lots, seven in number, on St. Ange avenue, in St. Louis, an undivided fifth part of a farm known as the Stevens farm, and other real estate, besides personal property, shares of stock, &c., were attached. A. J. L. Stevens was summoned as garnishee. By deed dated…
1Opinion of the CourtScott, Judge
The result of this trial is a little surprising, when we read the instructions given for the plaintiffs; but that surprise is somewhat diminished on looking at those given for the defendant. The issue on the case was, whether the defendant, McDowell, had fraudulently conveyed and assigned his property and effects so as to hinder and delay his creditors. It is evident, from the tenor of the instructions asked by the defendant, that he sought an advantage by having the jury told by the court that they must find that there was an actual fraudulent intent on his part to hinder and delay his…
2Cases cited4 opinions
- Reed v. PelletierSupreme Court of Missouri · 1859
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
- Lane v. KingsberrySupreme Court of Missouri · 1848
- Gates v. LabeaumeSupreme Court of Missouri · 1853
3Cited by48 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Taylor v. DeseveTexas Supreme Court · 1891
- Clark v. ThiasSupreme Court of Missouri · 1903
- McKeighan v. HopkinsNebraska Supreme Court · 1886
- May v. GiblerSupreme Court of Missouri · 1928
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