Bonney v. Taylor
Supreme Court of Missouri
Appeal from, Lewis Circuit Court. — Hon. Ben. E. Turner, Judge. (1) Jeremiah. Taylor was, at the time the voluntary deed to the plaintiffs was made, indebted to the extent of insolvency, and the conveyance is void. Bump on Fraud. Con. (3 Ed.) 281, and authorities cited. (2) If his failing circumstances resulted in insolvency the deed is void. Authorities, stcpra.
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Appeal from, Lewis Circuit Court. — Hon. Ben. E. Turner, Judge. (1) Jeremiah. Taylor was, at the time the voluntary deed to the plaintiffs was made, indebted to the extent of insolvency, and the conveyance is void. Bump on Fraud. Con. (3 Ed.) 281, and authorities cited. (2) If his failing circumstances resulted in insolvency the deed is void. Authorities, stcpra. (3) Plaintiffs are not defending their possession of property under a voluntary deed, but ask its enforcement against defendant, who holds under a deed for value, and in his person represents the creditors of plaintiffs’ insolvent…
1Opinion of the Court
Sheewood, J. —
The plaintiffs brought ejectment for forty acres of land formerly owned by Jeremiah Taylor, their ancestor. Being in embarrassed circumstances, and largely indebted, indebted to such an extent that it was understood that his liabilities would consume all of his estate, he conveyed the same to the several members of his family, the forty acres in dispute to the-plaintiffs.
There were six to ten of these voluntary conveyances,, which were executed about the middle of February, 1877, and filed for record before a subsequent conveyance-made by the same grantor to the defendant, to be…
2Cases cited9 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
- Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
- Henderson v. DickeySupreme Court of Missouri · 1872
- Charles v. PatchSupreme Court of Missouri · 1885
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3Cited by6 opinions
- Davidson v. DockerySupreme Court of Missouri · 1904
- Stevenson v. EdwardsSupreme Court of Missouri · 1889
- Bauer Grocery Co. v. SmithMissouri Court of Appeals · 1898
- Evans v. DavidSupreme Court of Missouri · 1889
- Brinkerhoff v. JudenSupreme Court of Missouri · 1914
1 more not listed; retrieve them via the Exa API.