Clapp v. Kenley
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Hon..Fred Lamb, Judge. (1) Under the well established practice in this State a creditor has his election to either (a)' file a creditor’s bill to charge property fraudulently conveyed, purchased or acquired, with the payment of his debt, or (b) to sell under execution the interest of the debtor and the purchaser then to file his bill to annul the fraudulent deed.
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Appeal from Sullivan Circuit Court. — Hon..Fred Lamb, Judge. (1) Under the well established practice in this State a creditor has his election to either (a)' file a creditor’s bill to charge property fraudulently conveyed, purchased or acquired, with the payment of his debt, or (b) to sell under execution the interest of the debtor and the purchaser then to file his bill to annul the fraudulent deed. Bobb v. Woodward, 50 Mo. 95; Ryland v. Callison, 54 Mo. 513; Zoll v. Soper, 75 Mo. 460; Lionberger v. Baker, 88 Mo. 447; Garrett v. Wagner, 125 Mo. 463; Bradshaw v. Halpin, 180 Mo. 666. (2) The…
1Opinion of the CourtFaris, J.
This is a bill in equity by which it is sought to subject certain lands, the legal title to which is in defendant Lena Kenley, to the payment of a judgment against defendant John Kenley.
Plaintiff is the purchaser at a sale under an execution of the 159-acre tract of land in controversy. The salient facts leading up to this sale run briefly thus: On the 4th day of January, 1900, one Ransom obtained judgment in the circuit court of Sullivan County against defendant for the sum of one thousand dollars, on account of the alleged seduction in May, 1898, of his infant daughter. Shortly thereafter…
2Cases cited6 opinions
- Coleman v. HageySupreme Court of Missouri · 1913
- Gage v. . DauchyNew York Court of Appeals · 1866
- Webster v. HildrethSupreme Court of Vermont · 1860
- Stephenson v. KilpatrickSupreme Court of Missouri · 1901
- Schooler v. SchoolerSupreme Court of Missouri · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stierlin v. TeschemacherSupreme Court of Missouri · 1933
- Lehr v. MollSupreme Court of Missouri · 1952
- Coleman v. AldermanSupreme Court of Missouri · 1948
- Halpine v. HalpineSupreme Court of Connecticut · 1952
- Bostwick v. FreemanSupreme Court of Missouri · 1942
1 more not listed; retrieve them via the Exa API.