Curd v. Lackland
Supreme Court of Missouri
Appeal from Sixth District Court. I. When a plaintiff in the execution buys property under his own judgment, he takes with notice of all defects and irregularities, and they become fraudulent as to him, and his deed can be attacked in a collateral proceeding. This is the rule in equity. (G-ott v. Powell, 41 Mo. 416; Haim. & St. Jo. R.R.
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Appeal from Sixth District Court. I. When a plaintiff in the execution buys property under his own judgment, he takes with notice of all defects and irregularities, and they become fraudulent as to him, and his deed can be attacked in a collateral proceeding. This is the rule in equity. (G-ott v. Powell, 41 Mo. 416; Haim. & St. Jo. R.R. Co. v. Brown, 48 Mo. 294; Young v. Bircher, 81 Mo. 136 ; Trigg v. Ross, 35 Mo. 165, 168 ; Weston v. Clark, 37 Mo. 568; Dicker-man v. Burgess, 20 111. 266, 279; 11 111. 523-4; Woodruff v. Hoard, 9 Ind. 186 ; Pettingill v. Moss, 3 Minn. 223 ; Russell v. Dyer, 40…
1Opinion of the CourtBliss, Judge
The plaintiff claims 152 acres <pf land in Audrain county, under one James R. Collier, by virtue of an attachment, judgment and sheriff’s deed. The defendant claims the same land by virtue of a deed from the administrator' of one Samuel B. Dickinson. The paper title was in Dickinson, but the plaintiff claims that there was a resulting trust in Collier available to his creditors, arising from the fact that the land belonged to him, but was fraudulently conveyed to Dickinson to place it beyond their reach. The sale and deed under the attachment proceedings were prior to the administrator’s…
2Cases cited7 opinions
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Gott v. PowellSupreme Court of Missouri · 1867
- Draper v. BrysonSupreme Court of Missouri · 1852
- Howell v. BakerNew York Court of Chancery · 1819
- Tanner v. StineSupreme Court of Missouri · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Young v. SchofieldSupreme Court of Missouri · 1896
- Harness v. CravensSupreme Court of Missouri · 1894
- Ames v. GilmoreSupreme Court of Missouri · 1875
- Stern Auction & Commission Co. v. MasonMissouri Court of Appeals · 1885
- Briant v. JacksonSupreme Court of Missouri · 1889
8 more not listed; retrieve them via the Exa API.