Farmers' Bank v. Worthington
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge.. (1) The deeds complained of should' have been set aside for fraud proven, and because made'without consideration. The evidence offered by appellant disproves the payments claimed to have been made therefor by respondent Youngs, and the appellant should have recovered on the weight of the evidence.
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Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge.. (1) The deeds complained of should' have been set aside for fraud proven, and because made'without consideration. The evidence offered by appellant disproves the payments claimed to have been made therefor by respondent Youngs, and the appellant should have recovered on the weight of the evidence. Burgert v. Borchert, 59 Mo. 83; Cass Co. v. Green, 66 Mo. 510; Benne v. Sclmeeko, 100 Mo. 250. (2) Appellant should have recovered judgment on the circumstantial evidence, and the inferences arising from circumstances proven,…
1Opinion of the CourtMarshall, J.
This is á proceeding in equity to declare void certain conveyances of real estate in Lafayette county, from Joab Worthington to Joseph L. Youngs, and to subject the same to the payment of the plaintiff’s judgment.
The facts essential to the determination of the case are these: Prior to April, 1893, Joab Worthington owned one hundred and fifty-seven and four-fifths acres of land, worth $40 an aere. Lie was reputed and believed to be solvent and his credit was good. On the eighteenth day of April, 1893, he indorsed a note for $1,550, made by his son-in-law Brown to the plaintiff, payable sis…
2Cases cited10 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Green v. DitschSupreme Court of Missouri · 1898
- Field v. StaggSupreme Court of Missouri · 1873
- National Tube Works Co. v. Ring Refrigerating & Ice Machine Co.Supreme Court of Missouri · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Black v. EpsteinSupreme Court of Missouri · 1909
- Wall v. BeedySupreme Court of Missouri · 1901
- Moberly v. WatsonSupreme Court of Missouri · 1937
- Burke v. Shaw Transfer Co.Missouri Court of Appeals · 1922
- Edmonson v. WaterstonSupreme Court of Missouri · 1938
7 more not listed; retrieve them via the Exa API.