Good v. Merkowitz Bros.
Missouri Court of Appeals
Appeal from the Qreene Circuit Court. — Hon. W. D. Hubbard, Judge. If the property is liable to creditors, it can only be reached by a bill in equity divesting her title. Ciarle v. Dynes, 53 Mo. 380. The presumption of law is that the consideration expressed in the deeds from Daily to Nancy Good was paid by her husband Dan Good, and therefore the land is apparently subject to the claim of creditors.
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Appeal from the Qreene Circuit Court. — Hon. W. D. Hubbard, Judge. If the property is liable to creditors, it can only be reached by a bill in equity divesting her title. Ciarle v. Dynes, 53 Mo. 380. The presumption of law is that the consideration expressed in the deeds from Daily to Nancy Good was paid by her husband Dan Good, and therefore the land is apparently subject to the claim of creditors. Sloan v. Terry, 78 Mo. 625. Therefore on the face of the records, if sale is permitted, the purchaser at the sale will acquire a title, superior to the title of Nancy Good, and to defeat this…
1Opinion of the CourtThompson, J.
This is a proceeding by injunction to restrain the sale of certain real property under an execution. A temporary injunction was granted, but, on final hearing, the court dissolved the injunction and dismissed the suit. The plaintiffs appeal to this court.
The case is this: The defendants recovered a judgment against the plaintiff, Dan Good. While the suit in *660•which this judgment was rendered was pending, Dan Good conveyed the property in controversy, through a third person, to his wife, Nancy Good, without any other consideration than love and affection, and for the purpose of securing his…
2Cases cited6 opinions
- Lionberger v. BakerSupreme Court of Missouri · 1885
- Drake v. JonesSupreme Court of Missouri · 1858
- Kuhn v. McNeilSupreme Court of Missouri · 1871
- Witthaus v. Washington Savings BankMissouri Court of Appeals · 1885
- Lionberger v. BakerMissouri Court of Appeals · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Henman v. WestheimerMissouri Court of Appeals · 1905