Ross v. Ashton
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henby, Judge. (1) Even though the record discloses an intention on the part of Scanlan, the grantor in the deed, to cheat, etc., his creditors, this will not affect the creditors secured by the deed of trusts unless they or their trustee participated in the fraud. Sammons v. O’Neil, 90 Mo. App. 533; Maybury v. Brooks, 7 Wheat. (U. S.) 552; Distilling Co. v. Ellis, 63 Mo.
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Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henby, Judge. (1) Even though the record discloses an intention on the part of Scanlan, the grantor in the deed, to cheat, etc., his creditors, this will not affect the creditors secured by the deed of trusts unless they or their trustee participated in the fraud. Sammons v. O’Neil, 90 Mo. App. 533; Maybury v. Brooks, 7 Wheat. (U. S.) 552; Distilling Co. v. Ellis, 63 Mo. App. 21; Shelley v. Booth, 73 Mo. 74; Sexton v. Anderson, 95 Mo. 379; Baker v. Harvey, 133 Mo. 661. (2) The debt seized and sequestrated under the garnishment proceedings…
1Opinion of the CourtEllison, J.
The plaintiff is trustee in a deed of trust given by one Scanlan, an insolvent debtor, to secure certain creditors. Defendant Ashton is a constable who held an execution against Scanlan in favor of defendant Jacobson and who had received certain sums of money from garnishees (alleged debtors of Scanlan) whom he had garnished under the writ of execution. This action is in equity and is to restrain defendant Ashton from paying the proceeds of such garnishment to Jacobson and to declare the money a trust fund to be administered by plaintiff as trustee under the deed of trust.
Plaintiff makes his…
2Cases cited3 opinions
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Meyberg v. JacobsMissouri Court of Appeals · 1890
- Woodson v. CarsonSupreme Court of Missouri · 1896
3Cited by2 opinions
- Monarch Rubber Co. v. BunnMissouri Court of Appeals · 1899
- Batavia v. WallaceCourt of Appeals for the Eighth Circuit · 1900