Legal Opinion

Rogers v. Brown

Supreme Court of Missouri

Decided October 15, 1875PublishedCited by 44 opinions

Appeal, from Pettis Circuit Court. This action being brought more than ten years after the record of Collet’s deed, is barred by the statute. ("Wagn. Stat., 915, § 1; Hunter vs. Hunter, 50 Mo., Mo.) The present statute was intended to embrace all actions whether legal or equitable, and superseded the rules of common law and equity.

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Appeal, from Pettis Circuit Court. This action being brought more than ten years after the record of Collet’s deed, is barred by the statute. ("Wagn. Stat., 915, § 1; Hunter vs. Hunter, 50 Mo., Mo.) The present statute was intended to embrace all actions whether legal or equitable, and superseded the rules of common law and equity. (Hunter vs. Hunter, supra; Martin vs. Smith, 1 Hill., 85 ; Relíe vs. Eberly, 23 Iowa, 467 ; Williams vs. Allison, 33 la., 279; U. S. vs. ÍMallard, 4 Benedict [U. S. Hist. Of.], 459, 465 ; Pitcher vs. Flinn, 30 Ind., 202 ; Bank v.Halton, 9 How., 522; Walker vs.…

1Opinion of the CourtHough, Judge

This was a suit instituted for the purpose of setting aside a conveyance of certain lands alleged to have been made in fraud of creditors. The petition on which the cause was tried, charged that on the 23d day of October, 1857, the defendant (Collet), then a resident of Moniteau county, was seized of an estate in fee simple, in certain lands lying in that county; that at said date he was largely indebted and in failing circumstances, and that for the purpose of defrauding his creditors he did, on the 24th day of October, 1857, convey the said lands to his son-in-law (Brown), who was made a…

2Cases cited4 opinions

  1. M'iver, Lessees v. RaganSupreme Court of the United States · 1817
  2. Bobb v. WoodwardSupreme Court of Missouri · 1872
  3. Pilcher v. FlinnIndiana Supreme Court · 1868
  4. Walker v. BaconSupreme Court of Missouri · 1862

3Cited by44 opinions

  1. Vaughn C. Payne and Edith Pruitt Payne v. United StatesCourt of Appeals for the Eighth Circuit · 1957
  2. Bent v. PriestSupreme Court of Missouri · 1885
  3. Williams v. Commercial National BankOregon Supreme Court · 1907
  4. Branner v. KlaberSupreme Court of Missouri · 1932
  5. Burrus v. CookSupreme Court of Missouri · 1908

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