Nicholson v. Golden
Missouri Court of Appeals
Appeal from Cole Circuit Court, Hon. E. L. Edwards, Judge. Statement of case by the court. This is an action by attachment, instituted on -the fifteenth day of March, 1882, in the Miller circuit court. The ground of the attachment, as alleged in the affidavit, was that defendants had fraudulently conveyed and assigned their property and effects so as to hinder and delay their creditors.
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Appeal from Cole Circuit Court, Hon. E. L. Edwards, Judge. Statement of case by the court. This is an action by attachment, instituted on -the fifteenth day of March, 1882, in the Miller circuit court. The ground of the attachment, as alleged in the affidavit, was that defendants had fraudulently conveyed and assigned their property and effects so as to hinder and delay their creditors. At the return term, September following, E.“A. Phillips & Company, a partnership composing E. A. Phillips and George W. Sedgewick, interpleaded in said cause, claiming the property attached, consisting of…
1Opinion of the CourtPhilips, P. J.
I. The first contention of appellants is that the trial court erred in overruling the motion to advance on the docket and first try the action to set aside the mortgage for fraud. The most that can be conceded to this contention is, that section 448, Revised Statutes, which authorizes the attaching creditors to maintain an action for. the purpose of setting aside a fraudulent conveyance, 'etc., where the suit is brought prior to the issue and determination of an interplea, the interpleader claiming title under the assailed instrument of conveyance, would obviate the necessity of a trial of…
2Cases cited11 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
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- Greeley v. ReadingSupreme Court of Missouri · 1881
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3Cited by10 opinions
- Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
- Ricker Nat. Bank v. StoneSupreme Court of Oklahoma · 1908
- Sanders v. ChartrandSupreme Court of Missouri · 1900
- Thomas v. RamseyMissouri Court of Appeals · 1891
- Antonelli v. BasileMissouri Court of Appeals · 1902
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