Shaw v. Tracy
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. W. T. Wood, Judge. The deed from Charles Lewis and wife to Sally G-. Lewis was a valid one as to the parties thereto and so far as Henry B. Lewis was concerned, even though void as to the existing creditors of the latter. Henderson v. Henderson, 13 Mo. 151; McLaughlin v. McLaughlin, 16 Mo. 249; Reid v. Mullins, 48 Mo. 344; Hall v. Callahan, 66 Mo. 323. The deed of trust from Sally Gr.
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Appeal from Saline Circuit Court. — Hon. W. T. Wood, Judge. The deed from Charles Lewis and wife to Sally G-. Lewis was a valid one as to the parties thereto and so far as Henry B. Lewis was concerned, even though void as to the existing creditors of the latter. Henderson v. Henderson, 13 Mo. 151; McLaughlin v. McLaughlin, 16 Mo. 249; Reid v. Mullins, 48 Mo. 344; Hall v. Callahan, 66 Mo. 323. The deed of trust from Sally Gr. Lewis and her husband to Edwards, trustee, operated only to convey the interest of said Sally in the land and her interest was merely a life estate. R. S., 1879, sec.…
1Dissent
Hotjgh, C. J., and Hénby, J.,
dissenting. — As we do not concur in the opinion delivered herein by our associates, it is proper, inasmuch as it is a question of great practical importance, that we briefly state the grounds of our dissent.
By our statutes in relation to fraudulent conveyances, sec. 1, Wag. Stat., page 279, “Every deed of gift and conveyance of goods and chattels, in trust, to the use of the person so making such deed of gift or conveyance, is declared to be void as against creditors existing and subsequent, and purchasers.”
Sec. 2 provides that: “Every conveyance or assignment,…
2Cases cited4 opinions
- Hawley v. FooteNew York Supreme Court · 1838
- Robinson v. MartelTexas Supreme Court · 1853
- Chamberlin v. HiteSupreme Court of Pennsylvania · 1836
- Foster v. WaltonSupreme Court of Pennsylvania · 1836