Johnson v. Murphy
Supreme Court of Missouri
Appeal from. Daviess Circuit Court. — No». Frank Sheets, Special Judge. (1) The plaintiffs, Mrs. Johnson and Mrs. Roberts, are to be considered creditors of tbe deceased David Murphy, who was a surety on tbe bond of tbe trustee of their estate, from tbe date of tbe bond, even though tbe breach of the bond may not have occurred until long after its execution. Wait on Fraud. Conv. & Cred. Bills (3 Ed.), secs. 90, 91; Krueger v. Vorbauer, 164 Mo. 156; 14 Am. and Eng. Enc.
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Appeal from. Daviess Circuit Court. — No». Frank Sheets, Special Judge. (1) The plaintiffs, Mrs. Johnson and Mrs. Roberts, are to be considered creditors of tbe deceased David Murphy, who was a surety on tbe bond of tbe trustee of their estate, from tbe date of tbe bond, even though tbe breach of the bond may not have occurred until long after its execution. Wait on Fraud. Conv. & Cred. Bills (3 Ed.), secs. 90, 91; Krueger v. Vorbauer, 164 Mo. 156; 14 Am. and Eng. Enc. Law (2 Ed.), p. 253. A surety'is a creditor, and entitled to protection against fraudulent and voluntary conveyances from tbe…
1Opinion of the CourtBrace, P. J.
This is a suit in equity by certain creditors of David Murphy, deceased, to set aside two deeds, on the ground that they are voluntary, without consideration, and in fraud of plaintiffs and other creditors of said deceased, in which on the hearing in the circuit court, the plaintiff’s bill was dismissed, and they appeal.
By one of the deeds in question, dated April 1, 1892, duly acknowledged on the 6th of April, 1892, and filed for record in the office of the recorder of Grundy county on the 15th of April, 1892, the said David Murphy and Susan Murphy, his wife, for the recited consideration of…
2Cases cited17 opinions
- Snyder v. FreeSupreme Court of Missouri · 1893
- Potter v. McDowellSupreme Court of Missouri · 1860
- Clark v. ThiasSupreme Court of Missouri · 1903
- Boatmen's Savings Bank v. OverallMissouri Court of Appeals · 1885
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
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3Cited by10 opinions
- May v. GiblerSupreme Court of Missouri · 1928
- Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1956
- Watson v. HarrisSupreme Court of Missouri · 1968
- Clark v. LewisSupreme Court of Missouri · 1908
- Wilkinson v. LivingstonCourt of Appeals for the Eighth Circuit · 1930
5 more not listed; retrieve them via the Exa API.