Johnson v. Mason
Missouri Court of Appeals
Appeal from Texas Comity Circuit Court — Hon. Wilson A. Taylor, Special Judge. (1) If there are no creditors there can be no fraudulent conveyance to defeat the rights of creditors. Respondent’s evidence most emphatically shows that they were only sureties, and a surety is not a creditor until he pays the debt or discharges the liability or is damnified. Hearne et al. v. Keath et al., 63 Mo. 84; Bauer v. Gray, 18 Mo. App. 170; McCormick v. Obanion, 168 Mo.
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Appeal from Texas Comity Circuit Court — Hon. Wilson A. Taylor, Special Judge. (1) If there are no creditors there can be no fraudulent conveyance to defeat the rights of creditors. Respondent’s evidence most emphatically shows that they were only sureties, and a surety is not a creditor until he pays the debt or discharges the liability or is damnified. Hearne et al. v. Keath et al., 63 Mo. 84; Bauer v. Gray, 18 Mo. App. 170; McCormick v. Obanion, 168 Mo. App. 607; Huse v. Ames,'104 Mo. 91. (2) None hut a creditor can attack a conveyance as being made to defraud creditors. Sec. 2881, R. S.…
1Opinion of the Court
ROBERTSON, P. J. — Plaintiffs
sued the defendant, Peter T. Mason, in the circuit court of Texas county and thereafter, on March 29, 1913,’ obtained a writ of attachment and caused the same to be levied upon seventeen cows and two horses as the property of the defendant, then upon the farm previously occupied by the defendant but upon which the inter-pleader, Frank Mason, his son, was then residing. On June 16, 1913, the son filed his affidavit and claim to all of the cattle upon which this controversy is based. The trial in the circuit court resulted in a verdict and judgment in behalf of the…
2Cases cited9 opinions
- Welch v. MorrisSupreme Court of Missouri · 1906
- Brownwell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1897
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
- Foster v. GoodwinSupreme Court of Alabama · 1886
- Sloan v. HudsonSupreme Court of Alabama · 1898
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3Cited by2 opinions
- Harrison v. HarrisonMissouri Court of Appeals · 1960
- Haines v. Chicago, Rock Island & Pacific RailwayMissouri Court of Appeals · 1916