Gamble v. Johnson
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The letter of Madison Y. Johnson, offered in evidence by the complainants below, tending to prove the first issue, to-wit: whether the deed of the lot in question, made by J. H. & M. Y. Johnson, was made with the intent to defraud their creditors, was improperly excluded by the court. 2 Starkie’s Evidence, 29, that “all a man’s acts and declarations shall he admitted in evidence whenever they afford any…
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APPEAL from St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The letter of Madison Y. Johnson, offered in evidence by the complainants below, tending to prove the first issue, to-wit: whether the deed of the lot in question, made by J. H. & M. Y. Johnson, was made with the intent to defraud their creditors, was improperly excluded by the court. 2 Starkie’s Evidence, 29, that “all a man’s acts and declarations shall he admitted in evidence whenever they afford any presumption against him.” 2 J. C. R. 302 ; 7 Cowen, 301 ; 12 Wend. 299, as to other transactions being admissible in such cases.…
1Opinion of the CourtScott, J.
This was a suit in equity commenced in June, 1840, by Gamble, against Johnson and others, for the purpose of setting aside a conveyance as fraudulent against creditors. The bill states that James H. and Madison Y. Johnson, partners in carrying on the business of druggists, were the owners in fee of a lot in St. Louis, which was conveyed to them by D. Shepard, by deed dated 22d April, 1837. That the John-sons being indebted to J. Folger, he, on the 13th October, 1837, sued out an attachment against them, which was levied on the lot in controversy. That on the 10th May, 1838, judgment in that…
2Cases cited3 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Sedgwick v. ClevelandNew York Court of Chancery · 1838
- Alexander v. GouldMassachusetts Supreme Judicial Court · 1804
3Cited by2 opinions
- Snyder v. FreeSupreme Court of Missouri · 1893
- Holmes v. BraidwoodSupreme Court of Missouri · 1884