Legal Opinion

Dobyns v. Meyer

Supreme Court of Missouri

Decided April 15, 1888PublishedCited by 36 opinions

Appeal from St. Louis City Circuit Court.. — Hon. Geo. W. Lubke, Judge. (1) Under the finding of facts by the court below, the deed of trust from the H. S. Palter Manufacturing Company to the plaintiff, as trustee for the Pifth National Bank, was fraudulent and void as against the appellants.

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Appeal from St. Louis City Circuit Court.. — Hon. Geo. W. Lubke, Judge. (1) Under the finding of facts by the court below, the deed of trust from the H. S. Palter Manufacturing Company to the plaintiff, as trustee for the Pifth National Bank, was fraudulent and void as against the appellants. Reed v. Pelletier, 28 Mo. 177; Weber v. Armstrong, 70 Mo. 217. (2) Being fraudulent and void as against the appellants, neither the plaintiff nor the Pifth National Bank acquired any rights thereunder as against them. (3) The possession of the trastee under the deed of trust was as good or'bad as the…

1Opinion of the CourtBlack, J.

This is a suit for damages for carrying away doors and other manufactured building material. The judgment, which was for the plaintiff, was affirmed by the St. Louis court of appeals ; but the case was then certified to this court, because one of the judges deemed the opinion contrary to a previous decision of this court. The facts are these: On the twentieth of September, 1883, the Falter Manufacturing Company made to plaintiff, as trustee, a deed of trust upon certain real and personal property, including a stock of planing mill material, to secure a large indebtedness to the Fifth National…

2Cases cited5 opinions

  1. Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
  2. Greeley v. ReadingSupreme Court of Missouri · 1881
  3. Nash v. NormentMissouri Court of Appeals · 1878
  4. Hewson v. TootleSupreme Court of Missouri · 1880
  5. Armstrong v. TuttleSupreme Court of Missouri · 1864

3Cited by36 opinions

  1. Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
  2. First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
  3. Landis v. McDonaldMissouri Court of Appeals · 1901
  4. Barton v. SitlingtonSupreme Court of Missouri · 1895
  5. Rock Island National Bank v. PowersSupreme Court of Missouri · 1896

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