Crothers v. Busch
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Mon. J ames T. Neville, Judge. (1) A Iona fide creditor has the right to take security for his debt, although he may know the effect it will have to hinder or delay other creditors and although he may also know that the debtor thereby intends to hinder, delay or defeat other creditors, provided such secured creditors does not participate in the fraudulent purpose, or intent of said debtor.
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Appeal from Greene Circuit Court. — Mon. J ames T. Neville, Judge. (1) A Iona fide creditor has the right to take security for his debt, although he may know the effect it will have to hinder or delay other creditors and although he may also know that the debtor thereby intends to hinder, delay or defeat other creditors, provided such secured creditors does not participate in the fraudulent purpose, or intent of said debtor. Alberger v. White, 117 Mo. 347; Burgert v. Berch, 59 Mo. 80; Reed v. Pillitur, 28 Mo. 173. (2) But should a creditor go beyond the point of obtaining, or securing his own…
1Opinion of the CourtValliant, J.
This is a suit in equity to set aside a deed of trust on the ground of fraud.
The petition states substantially that defendant Martha Busch was indebted to plaintiff Crothers in the sum of $1,000, and to his co-plaintiff Gotten in about the same sum; that in March, 1896, Crothers obtained judgment on his debt and in September following Gotten obtained judgment on her debt; that on February 10, 1896, while the suit on the Crothers debt was pending, Martha Busch executed a deed of trust, *608conveying certain real estate described, to a trustee for the benefit of one Meisner; that the same was…
2Cases cited7 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Shelley v. BootheSupreme Court of Missouri · 1880
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Albert v. BeselSupreme Court of Missouri · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Balz v. NelsonMissouri Court of Appeals · 1903
- State ex rel. Reed v. ElliottSupreme Court of Missouri · 1904
- Owens v. OwensSupreme Court of Missouri · 1941
- Handlan-Buck Manufacturing Co. v. Wendelkin Construction Co.Missouri Court of Appeals · 1907
- Growney v. LoweSupreme Court of Missouri · 1911
2 more not listed; retrieve them via the Exa API.