Lackland v. Smith
Missouri Court of Appeals
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
- Rogers v. BrownSupreme Court of Missouri · 1875
- McIlvaine v. SmithSupreme Court of Missouri · 1867
- Kent v. CurtisMissouri Court of Appeals · 1877
- Fisher v. FisherMississippi Supreme Court · 1870
- Hancock v. HeughSupreme Court of Missouri · 1826
3Cited by8 opinions
- Pacific National Bank v. WindramMassachusetts Supreme Judicial Court · 1882
- Heaton v. DicksonMissouri Court of Appeals · 1910
- Chicago & A. Bridge Co. v. Anglo-American Packing & Provision Co.United States Bankruptcy Court, W.D. Missouri · 1891
- Dodd, Brown & Co. v. LevyMissouri Court of Appeals · 1881
- Pearson v. HaydelMissouri Court of Appeals · 1901
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