Southern Bank v. Nichols
Supreme Court of Missouri
Appeal from C'allaway Circuit. Court. — Root. Robert McPheeters, Special Judge. (1) The issues formulated and submitted to the jury were illegal and erroneous. The second issue required the jury to find whether the conveyance was made to hinder, delay and defraud the grantor’s creditors, and if not made by R. H. Nichols to hinder, delay and defraud his creditors, to find for the defendants. R. S. .1899, sec. 3398; Baer, Seasongood & Co. v. Lisman, 85 Mo.
Read the full summary
Appeal from C'allaway Circuit. Court. — Root. Robert McPheeters, Special Judge. (1) The issues formulated and submitted to the jury were illegal and erroneous. The second issue required the jury to find whether the conveyance was made to hinder, delay and defraud the grantor’s creditors, and if not made by R. H. Nichols to hinder, delay and defraud his creditors, to find for the defendants. R. S. .1899, sec. 3398; Baer, Seasongood & Co. v. Lisman, 85 Mo. App. 317; Rupe v. Alkire, 77 Mo. 641; Burgert v. Bofchert, 59 Mo. 80; Crow v. Beardsley, 68 Mo. 435; Dunham v. Halberg, 69 Mo.. App. 509.…
1Opinion of the CourtBurgess, J.
This is a suit to set aside a quitclaim deed made by defendant R. H. Nichols to- his children and codefendants, Berdina A. Truitt, Hershel I. Nichols, Richard S. Nichols and William F. Nichols, on the ground that the deed sought to be set aside was without consideration, and made with the intent to defraud plaintiff and hinder and delay it in collecting its debt, and that the said grantees accepted said deed with the intent and purpose of aiding the said R. H. Nichols in defrauding plaintiff, and hindering and delaying it in collecting its said debt.
The cause was tried at the May term, 1902,…
2Cases cited9 opinions
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
- Stoffel v. SchroederSupreme Court of Missouri · 1876
- Sharp v. CheathamSupreme Court of Missouri · 1885
- Stivers v. HorneSupreme Court of Missouri · 1876
- Robinson v. DrydenSupreme Court of Missouri · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Binion v. ArmentroutSupreme Court of Missouri · 1960
- State Ex Rel. Headrick v. BaileySupreme Court of Missouri · 1955
- State v. SpeyerSupreme Court of Missouri · 1907
9 more not listed; retrieve them via the Exa API.