Legal Opinion

Colbern v. Robinson

Supreme Court of Missouri

Decided October 15, 1883PublishedCited by 7 opinions

Appeal from Johnson Circuit Court. — Hon. Noah M. Givan, Judge. Tbe note and deed of trust were fraudulent and void. because given for a sum largely in excess of tire amount actually clue from Hoi well to respondent, and for the purpose of hindering and delaying creditors. Kerr on Fraud, 196, note, 192,195 ; Bump on Fraud.

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Appeal from Johnson Circuit Court. — Hon. Noah M. Givan, Judge. Tbe note and deed of trust were fraudulent and void. because given for a sum largely in excess of tire amount actually clue from Hoi well to respondent, and for the purpose of hindering and delaying creditors. Kerr on Fraud, 196, note, 192,195 ; Bump on Fraud. Convey., 85, 239, 272; Sands v. Codvñn, 4 John. 585 ; Curtis v. Leavitt, 15 N. T. 9 ; Small v. Beachly, 2 Yt. 602 ; Allen v. Berry, 50 Mo. 90 ; Bettibone v. Stevens, 15 Conn. 19 ; Young v. Wilson, 24 Barb. 510; Armstrong v. Winfrey, 61 Mo. 358. If the deed of trust is void…

1Opinion of the CourtHough, C. J.

On the 2nd day of August, 1877, James Holwell executed a deed of trust eonveyiug to I. W. Rogers, as trustee, certain land in Johnson county to secure the payment of a promisory note for the sum of $2,483, made by said Holwell to the defendant, and payable on the 2nd day of August, 1878. The real estate covered by the trust deed was 'worth about $10,000. Holwell also owned at that time 120 acres of land in Henry county, and personal property worth nearly $4,000, and owed in addition to the note secured by the trust deed, other debts amounting to $2,500.

On the 18th of June, 1878, the…

2Cited by7 opinions

  1. Parker v. RobertsSupreme Court of Missouri · 1893
  2. Stanek v. LiberaSupreme Court of Minnesota · 1898
  3. Schroeder v. BobbittSupreme Court of Missouri · 1891
  4. Leonard v. MartinMissouri Court of Appeals · 1916
  5. State ex rel. Fields v. CrytsMissouri Court of Appeals · 1901

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