Legal Opinion

Benne v. Schnecko

Supreme Court of Missouri

Decided October 15, 1889PublishedCited by 56 opinions

Appeal from St. Louis County Circuit Court.—Hon. W. W. Edwards, Judge. (1) The deed to Mrs. Schnecko’s trustee was fraudulent, because there was actual fraud. Bump on Fraud. Conv., pp. 31, 56, 306, 311; Besson v. Eveland, 26 N. J. Eq. 468; Humes v. Scruggs, 94 U. S. 22. Under pretense of paying a debt, the law will not permit a debtor to assign more property than is reasonably sufficient for that purpose, to the prejudice of creditors. Kuyltendall b.

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Appeal from St. Louis County Circuit Court.—Hon. W. W. Edwards, Judge. (1) The deed to Mrs. Schnecko’s trustee was fraudulent, because there was actual fraud. Bump on Fraud. Conv., pp. 31, 56, 306, 311; Besson v. Eveland, 26 N. J. Eq. 468; Humes v. Scruggs, 94 U. S. 22. Under pretense of paying a debt, the law will not permit a debtor to assign more property than is reasonably sufficient for that purpose, to the prejudice of creditors. Kuyltendall b. McDonald, 15 Mo. 416, 420; Potter b. McDowell, 31 Mo. 62, 75; McVeagh ». Baxter, 82 Mo. 518; Robinson b. Stewart, 10 N. Y. 189, 195. And such a…

1Opinion of the CourtSherwood, J.

This is a proceeding in equity, to set aside, on the ground of fraud against creditors, two conveyances of about thirty-eight acres of land in St. Louis county, one of them dated in 1881, conveying the land in controversy to Keoeser, as trustee for Mary Schnecko, the wife of the grantor. This deed which expressed a consideration of twelve thousand dollars not only conveyed the land in suit, but also everything the grantor, Richard C. Schnecko, possessed in the world, as he testifies, in the way of personal property, horses, mules, cows, • hogs, wagons, plows, farming implements and machinery,…

2Cases cited13 opinions

  1. Humes v. ScruggsSupreme Court of the United States · 1877
  2. Springer v. KleinsorgeSupreme Court of Missouri · 1884
  3. Peck v. ChouteauSupreme Court of Missouri · 1886
  4. Furnold v. Bank of the StateSupreme Court of Missouri · 1869
  5. Baldwin v. WhitcombSupreme Court of Missouri · 1880

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3Cited by56 opinions

  1. Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  2. Blount v. SprattSupreme Court of Missouri · 1892
  3. Armor v. FreySupreme Court of Missouri · 1913
  4. Burrus v. CookSupreme Court of Missouri · 1908
  5. Kinney v. MurraySupreme Court of Missouri · 1902

51 more not listed; retrieve them via the Exa API.

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