Stivers v. Horne
Supreme Court of Missouri
Error to Atchison Circuit Court. I. No judgment could be rendered till tbe demurrer was disposed of. II. The petition below did not charge any knowledge on Lewis’ part of the fraudulent practices of tbe other defendants. (King vs. Hudson R.R.R. Co., 2 Kern. [N. Y.J.119; Frazer vs. Roberts, 32 Mo., 457 ; Saufer vs. Saufer, 40 Mo., 160 ; Knox vs. Smith, 4 [U. S.], 298.) III.
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Error to Atchison Circuit Court. I. No judgment could be rendered till tbe demurrer was disposed of. II. The petition below did not charge any knowledge on Lewis’ part of the fraudulent practices of tbe other defendants. (King vs. Hudson R.R.R. Co., 2 Kern. [N. Y.J.119; Frazer vs. Roberts, 32 Mo., 457 ; Saufer vs. Saufer, 40 Mo., 160 ; Knox vs. Smith, 4 [U. S.], 298.) III. The property in dispute was a homestead, acquired by tbe sale .of a homestead, and was exempt from execution, and the sale could not be fraudulent as to creditors. (Cox vs. Wilder, 2 Dill. C. C., 46; Yoglervs. Montgomery,…
1Opinion of the CourtSherwood, Judge
Plaintiff, who is a judgment creditor of defendant, John T. Horne, brought his suit against the latter and wife to set aside a conveyance made to the wife, on the ground that such conveyance was made to hinder, delay and defraud the creditors of Horne. The petition also prayed injunctive relief with regard to the rents and profits of the premises in dispute, then in possession of a tenant of the wife.
The defendants, Horne and wife, who were non-residents of the State, appeared by attorney and filed a demurrer. After-wards, the defendant, John P. Lewis, on his own application, was made party…
2Cases cited2 opinions
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
- Farra v. QuiglySupreme Court of Missouri · 1874
3Cited by21 opinions
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Fox v. HallSupreme Court of Missouri · 1881
- Allen v. ChouteauSupreme Court of Missouri · 1890
- Wendover v. BakerSupreme Court of Missouri · 1894
- Strong v. WhybarkSupreme Court of Missouri · 1907
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