D. M. Osborne & Co. v. Evans
Supreme Court of Missouri
Error to Barry Circuit Court. — Hon. H. G. Pepper,. Judge. Creditors can not complain that a conveyance of a homestead is fraudulent as to debts for the payment of which it can not be taken in execution. They could not reach it if not conveyed, and their motives in the conveyance do not concern them. Stanley v. Snyder, 43 Ark. 430; Erb v. Cole, 31 Ark. 557; Meux v. Anthony, 11 Ark. 411; Hempstead v. Johnston, 18 Ark. 124; Bogan v. Cleveland, 12 S. W. 159; Bump, Fraud.
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Error to Barry Circuit Court. — Hon. H. G. Pepper,. Judge. Creditors can not complain that a conveyance of a homestead is fraudulent as to debts for the payment of which it can not be taken in execution. They could not reach it if not conveyed, and their motives in the conveyance do not concern them. Stanley v. Snyder, 43 Ark. 430; Erb v. Cole, 31 Ark. 557; Meux v. Anthony, 11 Ark. 411; Hempstead v. Johnston, 18 Ark. 124; Bogan v. Cleveland, 12 S. W. 159; Bump, Fraud. Conv., 245; Wait, Fraud. Conv., 71. The right of homestead ceases to exist when the occupant, with a view to acquiring a…
1Opinion of the CourtGantt, P. J.
This is an appeal from a decree-of the circuit court of Barry county setting aside a certain conveyance of lands in said county to defendant Elizabeth Evans,, on the ground that the same was. in fraud of the creditors of her husband and codefendant Martin Evans, and subjecting the same to the payment of plaintiff’s demand against said husband.
The petition, it is agreed, stated in substance that Martin Evans, one of the defendants herein, was indebted to plaintiff in a large sum of money on a certain-promissory note given for a reaping machine on or about the 14th day of November, 1894; that…
2Cases cited7 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- State Bank v. DoughertySupreme Court of Missouri · 1902
- Smith v. GoreSupreme Court of Kansas · 1880
- St. Louis Brewing Ass'n v. HowardSupreme Court of Missouri · 1899
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3Cited by1 opinion
- Lewis v. BarnesSupreme Court of Missouri · 1917