State ex rel. Robertson v. Hope
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Hon. J. M. Sandusky, Judge. (1) Instruction, numbered 9, asked by the defendants ought to have been given. If part of the alleged debt, in professed payment of which the conveyance of July 12 was taken, was fraudulent, the whole conveyance was invalid as against creditors. Clark v. Lee, 44 N. W. Rep. (Sup.
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Appeal from Ray Circuit Court. — Hon. J. M. Sandusky, Judge. (1) Instruction, numbered 9, asked by the defendants ought to have been given. If part of the alleged debt, in professed payment of which the conveyance of July 12 was taken, was fraudulent, the whole conveyance was invalid as against creditors. Clark v. Lee, 44 N. W. Rep. (Sup. Ot. of Mich.) 266 ; Wallach v. Wylie, 28 Kansas, 359 ; Butts v. Peacock, 23 Wis. 359 ; Brasher v. Jemison, 13 S. W. Rep. 809; Wallis v. Adoue, 13 S. W. Rep. 63; Freybe v. Pieman, 13 S. W. Rep. 370 ; Cordes v. Straszer, 8 Mo. App. 61; King v. Hubbell, 42…
1Opinion of the CourtBrace, J.
— This is an action against the defendant Hope, formerly sheriff of Jackson county, and the sureties on his official bond to recover damages for the seizure on the fourteenth of July, 1882, by said sheriff under several writs of attachment against Samuel Schneider of a stock of goods, wares and merchandise found by the sheriff in the possession of Robertson, the relator, and who claimed the same as his own property. The creditors of Schneider indemnified the sheriff by bonds, and after seizure he advertised the goods and sold them at public auction, and applied the proceeds on the attachments…
2Cases cited10 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
- Butts v. PeacockWisconsin Supreme Court · 1868
- Freybe v. TiernanTexas Supreme Court · 1890
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3Cited by40 opinions
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Burgess v. Garvin Price Merc. Co.Missouri Court of Appeals · 1925
- Boland v. RossSupreme Court of Missouri · 1894
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
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