Nichols & Shepard Co. v. Hubert
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. E. E. McKee, Judge. (1) A creditor, having reduced Ms demand to judgment, may bring a suit in equity to disclose the debtor’s interest in property held in the name of another, without first selling the land on execution. . "Wait on Fraud. Convs. (2 Ed), sec. 60; Fowlér’s Appeal, 87 Pa.
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Appeal from Clark Circuit Court. — Hon. E. E. McKee, Judge. (1) A creditor, having reduced Ms demand to judgment, may bring a suit in equity to disclose the debtor’s interest in property held in the name of another, without first selling the land on execution. . "Wait on Fraud. Convs. (2 Ed), sec. 60; Fowlér’s Appeal, 87 Pa. St. 464; Central Bank v. Doran, 109 Mo. 51; "Woodard v. Mastin, 106 Mo. 824. (2) To fix and settle defendant’s interest in equity first, and sell afterwards, is the true equitable method. Woodard v. Mastin, 106 Mo. 324. (1) The petition does not state and charge as a fact…
1Opinion of the CourtBrace, P. J.
This is an appeal from the judgment of the circuit court of Clark county sustaining a general demurrer to the following petition:
“Now comes plaintiff and for its third amended petition by leave of court, states and avers:
“First. Plaintiff is a private corporation organized and existing under and by virtue of the laws of the State of Michigan, and was such, at the dates hereinafter mentioned.
“Second. On or about the 10th day of April, 1894, plaintiff duly recovered in this court a judgment against the defendant, John A. Hubert, for the sum of $635.42, together Avith 8 per cent per annum…
2Cases cited3 opinions
- Central National Bank v. DoranSupreme Court of Missouri · 1891
- Woodard v. MastinSupreme Court of Missouri · 1891
- McGregor-Noe Hardware Co. v. HornSupreme Court of Missouri · 1898
3Cited by7 opinions
- Wilson v. OvertureSupreme Court of Arkansas · 1923
- Otrich v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1911
- Manchester Iron Works, Inc. v. E. L. Wagner Construction Co.Supreme Court of Missouri · 1937
- Peterson v. HagueIdaho Supreme Court · 1931
- Meeker v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1923
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