First National Bank v. Woelz
Missouri Court of Appeals
Error to Jasper Circuit Court Division No. 1. — Hon. Jos. D. Perhins, Judge. “This secret trust, whereby, the use and control of one-half the land conveyed was to be exercised by the said Dunning as if he had never conveyed it, is evincive of legal, if not actual fraud on the part of all concerned.” Donovan v. Dunning, 69 Mo. 1. c. 442. Kahmke v: Weber, 187 Mo.
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Error to Jasper Circuit Court Division No. 1. — Hon. Jos. D. Perhins, Judge. “This secret trust, whereby, the use and control of one-half the land conveyed was to be exercised by the said Dunning as if he had never conveyed it, is evincive of legal, if not actual fraud on the part of all concerned.” Donovan v. Dunning, 69 Mo. 1. c. 442. Kahmke v: Weber, 187 Mo. App. 698. “The debtor, being the absolute owner of the property and in no manner obliged to assign, may annex such conditions and qualifications to the transfer as he pleases. If he annex an improper condition the courts must pronounce…
1Opinion of the CourtFarrington, J.
In 1906 Charles Woelz and his wife bought of one Henly a residence property in Joplin subject to a deed of trust to one Weiler as trustee securing a note for $2,000.
On February 22, 1914, the sheriff of Jasper county (Weiler, the trustee, declining to act) sold the property, and, after paying the debt and costs, there remained in his hands a surplus of $2,092.37.
At the following September term of the circuit court of Jasper county the First National Bank of Joplin, for an indebtedness of its own and as assignee of the Citizens State Bank attached this surplus as the property of Charles Woelz…
2Cases cited13 opinions
- Roselle v. BeckemeirSupreme Court of Missouri · 1896
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Gardner v. RobertsonSupreme Court of Missouri · 1907
- Martin v. EstesSupreme Court of Missouri · 1896
- Barton v. WalkerSupreme Court of Missouri · 1901
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