Legal Opinion

Lackland v. Smith

Missouri Court of Appeals

Decided January 22, 1878PublishedCited by 8 opinions

Appeal from St. Louis Circuit Court. A conveyance made-with the intent to avoid the payment of debts is void; and this intent may be proved by facts and circumstances happening prior and subsequent to the conveyance.— Bump’s. Fr. Conv. 321, 322, 542; Larlcin v. McMillan, 49 Pa-29; Bowling v. Bishop, 29 Beav. 417 ; Case v. Phelps, 39 N. Y. 164 ; Pappan v. Butler, 7 Bosw. 480 ; Dick v. Hamdlton, Deady, 322; Partridge v. Cupt, Amb. 599 ; Winchester y.

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Appeal from St. Louis Circuit Court. A conveyance made-with the intent to avoid the payment of debts is void; and this intent may be proved by facts and circumstances happening prior and subsequent to the conveyance.— Bump’s. Fr. Conv. 321, 322, 542; Larlcin v. McMillan, 49 Pa-29; Bowling v. Bishop, 29 Beav. 417 ; Case v. Phelps, 39 N. Y. 164 ; Pappan v. Butler, 7 Bosw. 480 ; Dick v. Hamdlton, Deady, 322; Partridge v. Cupt, Amb. 599 ; Winchester y. Carter, 12 Allen, 606; 97 Mass. 140; 102 Mass. 272. A debtor hinders and delaj^s his creditors when he places his assets beyond the reach of…

1Opinion of the CourtBakewell, J.

This is an action by a creditor for equitable relief against the estate of his debtor. The petition alleges that the debtor has created a trust upon his own estate, and is framed with a double aspect. It asks the court to sweep away the trust if it be regarded as fraudulent, or to sequestrate the rents if the trust-deed is found to be valid. On liearing, the trial court dismissed the bill, and plaintiff appeals.

The original petition was filed Nov. 11,1872. The allega*156tions of the bill are that defendant Smith executed seven promissory notes, which are fully described, and which are owned by…

2Cases cited5 opinions

  1. Rogers v. BrownSupreme Court of Missouri · 1875
  2. McIlvaine v. SmithSupreme Court of Missouri · 1867
  3. Kent v. CurtisMissouri Court of Appeals · 1877
  4. Fisher v. FisherMississippi Supreme Court · 1870
  5. Hancock v. HeughSupreme Court of Missouri · 1826

3Cited by8 opinions

  1. Pacific National Bank v. WindramMassachusetts Supreme Judicial Court · 1882
  2. Heaton v. DicksonMissouri Court of Appeals · 1910
  3. Chicago & A. Bridge Co. v. Anglo-American Packing & Provision Co.United States Bankruptcy Court, W.D. Missouri · 1891
  4. Dodd, Brown & Co. v. LevyMissouri Court of Appeals · 1881
  5. Pearson v. HaydelMissouri Court of Appeals · 1901

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