Brooks v. Wimer
Supreme Court of Missouri
•Appeal from St. Louis Court of Common Pleas. This was an action commenced August 27,1853, by Brooks, to recover in the form of damages the value of a stock of goods seized and sold by the defendant, Wimer, as sheriff of St. Louis county, under executions in favor of the other defendants against William W. Price, dated respectively June 16th, and July 14th, 1858. The plaintiff claimed the goods under a deed from William W. Price to him as trustee, for the benefit of certain…
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•Appeal from St. Louis Court of Common Pleas. This was an action commenced August 27,1853, by Brooks, to recover in the form of damages the value of a stock of goods seized and sold by the defendant, Wimer, as sheriff of St. Louis county, under executions in favor of the other defendants against William W. Price, dated respectively June 16th, and July 14th, 1858. The plaintiff claimed the goods under a deed from William W. Price to him as trustee, for the benefit of certain creditors of Price, dated March 5th, acknowledged March 15th, and recorded March 30th, 1853. This deed was set out at…
1Opinion of the CourtScott, Judge
The deed in this case comes within the first section of the act concerning fraudulent conveyances. That section enacts that every deed of gift and conveyance of goods and chattels, in trust to the use of the person so making such deed of gift or conveyance, shall be void as against creditors, existing and subsequent, and purchasers. In the case of Robertson’s Ex’r v. Robards, (15 Mo. 459,) this court held that, if a conveyance on the face of it appears to be for the use of the person making it, as a matter of law the court will declare it void against creditors, just as it would declare a…
2Cases cited2 opinions
- Robinson's Exr's v. RobardsSupreme Court of Missouri · 1852
- Milburn v. WaughSupreme Court of Missouri · 1848
3Cited by16 opinions
- Reed v. PelletierSupreme Court of Missouri · 1859
- Metzner v. GrahamSupreme Court of Missouri · 1874
- State ex rel. Voullaire v. TaskerSupreme Court of Missouri · 1862
- Place v. LangworthyWisconsin Supreme Court · 1861
- Stanley v. BunceSupreme Court of Missouri · 1858
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