Cooper v. Newell
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. D. E. Blair, Judge. (1) Newell conveyed Ms half interest to Ms mother, A. Gr. Newell. It is claimed by respondent that there was no consideration for this deed, and that the effect of the conveyance was to vest the legal title to the half interest in the land in A. Gr. Newell, as trustee, for J. P. Newell. A voluntary conveyance is subject to such a construction against an existing creditor, but not as against a subsequent creditor.
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Appeal from Jasper Circuit Court. — Hon. D. E. Blair, Judge. (1) Newell conveyed Ms half interest to Ms mother, A. Gr. Newell. It is claimed by respondent that there was no consideration for this deed, and that the effect of the conveyance was to vest the legal title to the half interest in the land in A. Gr. Newell, as trustee, for J. P. Newell. A voluntary conveyance is subject to such a construction against an existing creditor, but not as against a subsequent creditor. Krueger v. Yorhauer, 164 Mo. 156; Caldwell v. Smith, 88 Mo. 44; Scudder v. Morris, 107 Mo. Ap-p. 634. (2) Eespondent…
1Opinion of the Court
BLAIR, O.
From, a decree of the circuit court of Jasper county establishing the lien of a deed of trust and foreclosing the same, defendant Plumer appeals.
*195The facts are that in 1899 Plumer and J. P. Newell, of the firm of A. G. Newell & Son, became the owners, as tenants in common, of the north half of the southeast quarter of section 7, township 29, range 31, Jasper county, Missouri. In February, 1901, J. P. Newell and wife executed and recorded a deed to A. G. Newell for a one-half interest in this land. A. G. (Anna G.) Newell was the mother and partner of J. P. Newell but had retired in…
2Cases cited5 opinions
- Raalte v. HarringtonSupreme Court of Missouri · 1890
- Krueger v. VorhauerSupreme Court of Missouri · 1901
- Scudder & Co. v. MorrisMissouri Court of Appeals · 1904
- Barrett v. BakerSupreme Court of Missouri · 1896
- Caldwell v. SmithSupreme Court of Missouri · 1885
3Cited by11 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- St. Louis Mutual Life Insurance v. WalterSupreme Court of Missouri · 1932
- Pine Lawn Bank and Trust Company v. UrbahnsMissouri Court of Appeals · 1967
- Meyer v. RitterCourt of Appeals for the Eighth Circuit · 1920
- Hellweg v. BushMissouri Court of Appeals · 1934
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