Legal Opinion

Hall v. Morgan

Supreme Court of Missouri

Decided October 15, 1883PublishedCited by 20 opinions

Appeal from, Atchison Circuit Court. — Hon. II. S. Kelley, Judge. Respondents are the widow and minor child of P. G. Morgan, who, his wife joining, mortgaged eighty acres of land to secure a note of $500. He afterward conveyed by a general warranty deed for the expressed consideration of $1,000 one parcel of said land of forty acres to his son, who conveyed to appellant under an agreement that appellant should pay his pró rata of the mortgage.

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Appeal from, Atchison Circuit Court. — Hon. II. S. Kelley, Judge. Respondents are the widow and minor child of P. G. Morgan, who, his wife joining, mortgaged eighty acres of land to secure a note of $500. He afterward conveyed by a general warranty deed for the expressed consideration of $1,000 one parcel of said land of forty acres to his son, who conveyed to appellant under an agreement that appellant should pay his pró rata of the mortgage. The other forty acre tract was, upon the death of P. Gr. Morgan, set apart, as homestead, to respondents. Upon a judgment of foreclosure appellant’s…

1Opinion of the CourtSherwood, J.

Presby C. Morgan owned two contiguous bodies of land making an eighty acre tract, which was half a mile long from east to west. He mortgaged this tract to an eastern company to secure the sum of $500, his wife relinquishing her dowér. ' Subsequently, he conveyed by warranty deed the east forty to his son “ Dick,” the consideration expressed in this deed being $1,000. Presby Gr. Morgan died. Plaintiff had a claim for, say $400, probated against his estate.

There were rumors in the community that the conveyance from the father to the son was made in fraud of creditors, but I find nothing in the…

2Cases cited7 opinions

  1. Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
  2. Dunn v. SargentMassachusetts Supreme Judicial Court · 1869
  3. Turner v. BabbSupreme Court of Missouri · 1875
  4. Clowes v. DickensonNew York Court of Chancery · 1821
  5. Anderson v. HanceSupreme Court of Missouri · 1871

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Markham v. SmithSupreme Court of Connecticut · 1935
  2. McFarland v. MelsonSupreme Court of Missouri · 1929
  3. State Ex Rel. Hoyt v. ShainSupreme Court of Missouri · 1936
  4. Frase v. LeeMissouri Court of Appeals · 1911
  5. State Insurance v. IrwinMissouri Court of Appeals · 1896

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