Bracken v. Milner
Missouri Court of Appeals
Appeal from Greene Circuit Court. — How. James J. Neville, Judge. STATEMENT. H. C. Milner is the wife of James R. Milner. In Í884, James R. Milner, in consideration of love and affection conveyed to his wife, lot No. 94 and south twenty-four feet of lot No. 98, Harwood, Lisenby & Boyd’s addition, in the city of Springfield, Missouri. In 1894, A. W. Howell obtained a judgment against James R. Milner for $461 in the Greene Circuit Court.
Read the full summary
Appeal from Greene Circuit Court. — How. James J. Neville, Judge. STATEMENT. H. C. Milner is the wife of James R. Milner. In Í884, James R. Milner, in consideration of love and affection conveyed to his wife, lot No. 94 and south twenty-four feet of lot No. 98, Harwood, Lisenby & Boyd’s addition, in the city of Springfield, Missouri. In 1894, A. W. Howell obtained a judgment against James R. Milner for $461 in the Greene Circuit Court. An execution was issued upon this judgment and levied upon the ábove described real estate as the property of James Milner. After the levy the property was…
1Opinion of the CourtBland, P. J.
1. The evidence is that James R. Milner, as early as 1880, was a real estate and loan agent and as such had fraudulently converted money and property of his clients to his own use and in this manner became indebted to them and continued to be indebted to divers persons and was, in 1881, insolvent and has continued insolvent down to this time, so that there is no question that the voluntary conveyance of real estate to his wife in 1884 was fraudulent in law as to his existing creditors and, we think, that it was also fraudulent as to his subsequent creditors for the reason that where one has…
Also in this document: Concurrence.
2Cases cited5 opinions
- Cole v. La GrangeSupreme Court of the United States · 1885
- State v. WearSupreme Court of Missouri · 1898
- Wonderly v. Lafayette CountySupreme Court of Missouri · 1899
- Lovitt v. RussellSupreme Court of Missouri · 1897
- Missouri, Kansas & Texas Railway Co. v. WardenMissouri Court of Appeals · 1898
3Cited by5 opinions
- Marcellus v. WrightMontana Supreme Court · 1916
- Cole v. ColeSupreme Court of Missouri · 1910
- Raymond v. LoveMissouri Court of Appeals · 1916
- Curtis v. Board of SupervisorsMichigan Supreme Court · 1908
- Preston v. HuffordWest Virginia Supreme Court · 1918