Caldwell v. Smith
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — IIon. Jos. P. GrJLlUBBj Judge. (1) The evidence shows that all the plaintiffs, except, possibly, Caldwell, were .subsequent creditors. (2) Under the evidence; the court should not have rendered a decree in favor of the subsequent creditors. Payne v. Stanton, 59 Mo. 158 ; Pepper v. Carter, 11 ,Mo. 540; Belfordv.
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Appeal from Buchanan Circuit Court. — IIon. Jos. P. GrJLlUBBj Judge. (1) The evidence shows that all the plaintiffs, except, possibly, Caldwell, were .subsequent creditors. (2) Under the evidence; the court should not have rendered a decree in favor of the subsequent creditors. Payne v. Stanton, 59 Mo. 158 ; Pepper v. Carter, 11 ,Mo. 540; Belfordv. Crane, 16 N. J. Eq.’285. (3) The proof' failed to show that the conveyance was voluntary, and there was, also, a total failure to sustain the charge that it was not bona fide. There was no evidence of an intent to defraud on the part of Charles Gr.…
1Opinion of the CourtHenry, C. J.
This suit is to set aside a conveyance of land made by Charles Gr. Smith to his -brother, Abram P. Smith, on the fifteenth of June, 1873. The land conveyed was all the land owned by said Charles Gr., and lay in Andrew county, Missouri. The plaintiffs are creditors of said Charles, who died in February, 1876. The circuit court rendered a judgment setting aside the conveyance, from which defendant, Abram Smith, has appealed to this court. The plaintiff’s demands allowed against the estate aggregate about $1,300, and the land in controversy, at the date of the conveyance, was worth between seven…
2Cited by1 opinion
- Cooper v. NewellSupreme Court of Missouri · 1914