Guinan v. Donnell
Supreme Court of Missouri
Appeal from Johnson Circuit Court . — Hon. Wm. L. Jarrott, Judge. (1) (a) The deeds were purely voluntary. The taking of notes for the entire consideration is an almost conclusive badge of fraud, as “bona fide sales of real estate are never made in such manner.”
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Appeal from Johnson Circuit Court . — Hon. Wm. L. Jarrott, Judge. (1) (a) The deeds were purely voluntary. The taking of notes for the entire consideration is an almost conclusive badge of fraud, as “bona fide sales of real estate are never made in such manner.” Evans v. Bales, 168 Mo. 681; State to use v. O’Neil, 151 Mo. 84; Patten v. Casey, 57 Mo. 118; Bohannon v. Combs, 79 Mo. 305; P'otter v. McDonnell, 31 Mo. 62; White v. Mc-Pheeters, 75 Mo. 286. (b) The lands conveyed to the son were the only unencumbered lands the debtor owned. A conveyance under such circumstances is presumptively…
1Opinion of the CourtBurgess, J.
This is a suit in equity, the purpose of which is to set aside certain deeds from the defendant M. S. C. Donnell and wife to James L. Donnell, conveying to him certain lands in Jackson county, and several deeds of trust executed by said James L. Donnell to defendant Hall as trustee, and that the notes therein described, as against plaintiff, be held null and void upon the ground that they were fraudulent as to the creditors of M. S. C. Donnell; also that plaintiff be placed in the possession of said lands.
The Donnells filed an answer and cross-bill in which they denied specifically the charge…
2Cases cited29 opinions
- Pacific Railroad v. KetchumSupreme Court of the United States · 1880
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Blount v. SprattSupreme Court of Missouri · 1892
- Macke v. ByrdSupreme Court of Missouri · 1895
- Cochran v. ThomasSupreme Court of Missouri · 1895
24 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mangold v. BaconSupreme Court of Missouri · 1911
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Bussen Realty Co. v. BensonSupreme Court of Missouri · 1942
- Moss v. Kansas City Life Ins. Co.Court of Appeals for the Eighth Circuit · 1938
- Aetna Insurance Co. v. HydeSupreme Court of Missouri · 1931
15 more not listed; retrieve them via the Exa API.