Tate v. Sanders
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor and Eon. Eugo Muench, Judges. (1) The court erred in overruling appellant’s plea in abatement. Robbins v. Conley, 47 Mo. App. 506; Humphries v. Dawson, 38 Ala. 204; Rizer v. Gillpatrick, 67 Kan. 567; Sherwood v. Hammond, 4 Blackf. (Ind.) 504; Eicman v. State, 75 Ind. 46; Bank v. Bank, 7 Gill. (Md.) 428; Webster v. Randall, 19 Pick.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor and Eon. Eugo Muench, Judges. (1) The court erred in overruling appellant’s plea in abatement. Robbins v. Conley, 47 Mo. App. 506; Humphries v. Dawson, 38 Ala. 204; Rizer v. Gillpatrick, 67 Kan. 567; Sherwood v. Hammond, 4 Blackf. (Ind.) 504; Eicman v. State, 75 Ind. 46; Bank v. Bank, 7 Gill. (Md.) 428; Webster v. Randall, 19 Pick. (Mass.) 20; Wales v. Jones, 1 Mich. 245; Calliman v. Railroad, 61 Mich. 15; Bickerton v. Burrell, 5 Maule & Selwyn, 383; 16 Cyc. 773; McDermott v. Barnum, 19 Mo. 208; Snodgrass v. Emery, 66 Mo. App.…
1Opinion
ON MOTION' FOR REHEARING.
ROY, C.
— In a motion for a rehearing, appellant has asked us to review the question of the liability of the fraudulent grantee fox rents, his contention being that such grantee is liable for all rents after the conveyance to him. We have gone through the authorities and will first state what we find the law to be, and then give our reasons for reaching such results.
*208We can. best understand what are the rights of the creditor against a fraudulent grantee by first ascertaining what his rights are against the debtor in the absence of a fraudulent conveyance, leaving out…
2Cases cited17 opinions
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Collumb v. . ReadNew York Court of Appeals · 1862
- Robinson v. . StewartNew York Court of Appeals · 1854
- Rhodes v. OutcaltSupreme Court of Missouri · 1871
- Marshall v. CroomSupreme Court of Alabama · 1877
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