Franse v. Owens
Supreme Court of Missouri
Error to Cass Circuit Court. This was a suit to set aside a conveyance made by one Mead of a tract of forty acres of land, dated September 20th, 1852, on the ground that it was a voluntary conveyance, and made to defraud the creditors of said Mead, of whom one Fonda was one.
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Error to Cass Circuit Court. This was a suit to set aside a conveyance made by one Mead of a tract of forty acres of land, dated September 20th, 1852, on the ground that it was a voluntary conveyance, and made to defraud the creditors of said Mead, of whom one Fonda was one. Plaintiff claimed title as a purchaser at sheriff’s sale under an execution issued from the office of the clerk of the Cass Circuit Court, upon a transcript of a judgment of a justice of the peace of Cass county, in favor of Abram Fonda. The said execution was issued November 24th, 1854. The plaintiff received a deed from…
1Opinion of the CourtScott, Judge
In justices’ courts, where the action is commenced by process, it is not necessary that a confession of judgment should be in writing, signed by the defendant and filed by the justice. The statutory provision on this subject is explicit. In proceedings in justices’ courts forms are disregarded, and it is not expected that entries should be made with the accuracy and precision which are required in recording the acts of courts of record. In the case of Rutherford v. Winn, 3 Mo. 12, this court disregarded the objection that no judgment was entered on a verdict rendered in a justice’s court. We…
2Cases cited1 opinion
- County of Boone v. CorlewSupreme Court of Missouri · 1831
3Cited by15 opinions
- Fulkerson v. DavenportSupreme Court of Missouri · 1879
- Samuels v. SheltonSupreme Court of Missouri · 1871
- Scharff v. McGaughSupreme Court of Missouri · 1907
- Miller v. SmithMichigan Supreme Court · 1897
- Ruby v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867
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