Johnson v. McAllister's Assignee
Supreme Court of Missouri
Appeal from Holt Circuit Court. H. Johnson and others in April, 1859, recovered a judgment against John B. McAllister. On the 20th of May, 1859, an execution was issued, placed in the hands of the sheriff, and levied the same day on a stock of goods as the property of said McAllister.
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Appeal from Holt Circuit Court. H. Johnson and others in April, 1859, recovered a judgment against John B. McAllister. On the 20th of May, 1859, an execution was issued, placed in the hands of the sheriff, and levied the same day on a stock of goods as the property of said McAllister. After the sheriff had made this levy, George B. Chadduck claimed to be the owner of said goods by virtue of a deed of assignment executed by the said Mc-Allister for the benefit of certain creditors. After two indecisive trials of the right of property by juries summoned by the sheriff — the juries disagreeing —…
1Opinion of the CourtScott, Judge
We have never adopted in this state the course of decisions in New York under the statute concerning fraudulent conveyances. Our courts do not hear extrinsic evidence in relation to the validity of a conveyance, and then, on such evidence, as a matter of law, pronounce the conveyance void. *331When a conveyance on its face is fraudulent and void, the court will declare it so. Rut when it appears to be fair, and its validity depends on extrinsic evidence, that evidence is submitted to a jury, who will determine, as a matter of fact, whether it is fraudulent or not.
We do not hold that a clause., in…
2Cases cited1 opinion
- Shapleigh v. BairdSupreme Court of Missouri · 1858
3Cited by9 opinions
- Hewson v. TootleSupreme Court of Missouri · 1880
- Weber v. ArmstrongSupreme Court of Missouri · 1879
- Bigelow v. StringerSupreme Court of Missouri · 1867
- Jaffrey v. MathewsSupreme Court of Missouri · 1894
- Kyle v. HarveysWest Virginia Supreme Court · 1885
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