Donk Bros. Coal & Coke Co. v. Kinealy
Missouri Court of Appeals
Appeal from tbe St. Louis City Circuit Court. — Ron. Selden P. Spencer, Judge. (1) The deed of trust in this case is not void, but is legal and valid, and judgment should therefore have been rendered in favor of appellant. Hazell v. Bank, 95 Mo. 60;' Yan Raalte v. Harrington, 101 Mo. 611; Jaffrey v. Matthews, 120 Mo. 317; Dry Goods Oo. v. Grocer Oo., 68 Mo-. App. 290; Alberger v. Bank, 123 Mo. 313; Wait on Eraud.
Read the full summary
Appeal from tbe St. Louis City Circuit Court. — Ron. Selden P. Spencer, Judge. (1) The deed of trust in this case is not void, but is legal and valid, and judgment should therefore have been rendered in favor of appellant. Hazell v. Bank, 95 Mo. 60;' Yan Raalte v. Harrington, 101 Mo. 611; Jaffrey v. Matthews, 120 Mo. 317; Dry Goods Oo. v. Grocer Oo., 68 Mo-. App. 290; Alberger v. Bank, 123 Mo. 313; Wait on Eraud. Oonv., p. 580, art. 330; 2 Bigelow on Eraud, p. 304; Gutta-Percha R. Oo. v. Supply Oo., 149 Mo. 538. (2) Even if the deed was void the property in the hands of appellant could not be…
1Opinion of the CourtBland, J.
Respondent brought suit by attachment 'against the Grant Quarry Company and summoned James R. Kinealy as garnishee of said company. The garnishee, in his answer filed herein, admits that the Grant Quarry Company conveyed to him certain personal property on June 8, 1898, and contends that he holds the said property so conveyed and transferred to him by the Grant Quarry Company, in trust for the purposes and objects set forth in said deed of conveyance, while plaintiff, in its reply, contends that said deed of trust is fraudulent in law and void as to attaching creditors, and that its…
2Cases cited5 opinions
- Means v. DowdSupreme Court of the United States · 1888
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
- Gutta Percha Rubber Manufacturing Co. v. Kansas City Fire Department Supply Co.Supreme Court of Missouri · 1899
- St. Louis & Iron Mountain Railroad v. SilverSupreme Court of Missouri · 1874
- Moore v. CarrMissouri Court of Appeals · 1896
3Cited by5 opinions
- Potter v. WhittenMissouri Court of Appeals · 1913
- Chenoweth v. La MasterMissouri Court of Appeals · 1961
- Walkeen Lewis Millinery Co. v. JohnsonMissouri Court of Appeals · 1908
- Brown Shoe Co. v. SacksMissouri Court of Appeals · 1919
- Beck v. KinealyMissouri Court of Appeals · 1901