Lang & Son v. Williams
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. (1) A voluntary conveyance by a debtor is, as against prior creditors, presumptively fraudulent. Hoffman v. Nolte, 121 Mo. 120; Patton v. Bragg, 113 Mo. 595; Jordan v. Buschmeyer, 97 Mo. 94. (2) The burden of proof was on Mrs. Williams to show the following: (a) That her husband had ample means left in his hands, at the time of the conveyance from Constant to her, with which to pay his debts.
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Appeal from Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. (1) A voluntary conveyance by a debtor is, as against prior creditors, presumptively fraudulent. Hoffman v. Nolte, 121 Mo. 120; Patton v. Bragg, 113 Mo. 595; Jordan v. Buschmeyer, 97 Mo. 94. (2) The burden of proof was on Mrs. Williams to show the following: (a) That her husband had ample means left in his hands, at the time of the conveyance from Constant to her, with which to pay his debts. Hoffman v. Nolte, supra; Snyder v. Free, 114 Mo. 360. (b) That he had the present ability to pay his debts, and that the condition of his…
1Opinion of the CourtBrace, P. J.
The defendants, James F. Williams and Mary Williams, are husband and wife. On October 18, 1893, E. B. Constant and wife by warranty deed of that date conveyed the north half of southeast quarter of section 13, township 26, range 29, containing eighty acres, in Lawrence *4county, to,the defendant, Mary Williams, subject to an incumbrance of $700, the payment of which was assumed in the deed. Afterwards, on February 14, 1896, the plaintiff obtained judgment in the Lawrence Circuit Court against the defendant, James F. Williams, for the sum of $187.90, on which execution was issued to the sheriff…
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