Dodd, Brown & Co. v. Levy
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Wickham, J. A creditor cannot set aside a conveyance made by his debtor, until he has obtained judgment and exhausted the usual means of enforcing collection at law. ■— Wiggins v. Strong, 2 Johns. Ch. 144 ; Martin v. Michael, 28 Mo. 95 ; Merry v. Fremon, 44 Mo. 518 ; Turner v. Adams, 46 Mo. 95 ; Alnutt v. Leper, 48 Mo. 819 ; Pendleton v. Perkins, 49 Mo. 565 ; Kent v. Curtis, 4 Mo.
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Appeal from the St. Louis Circuit Court, Wickham, J. A creditor cannot set aside a conveyance made by his debtor, until he has obtained judgment and exhausted the usual means of enforcing collection at law. ■— Wiggins v. Strong, 2 Johns. Ch. 144 ; Martin v. Michael, 28 Mo. 95 ; Merry v. Fremon, 44 Mo. 518 ; Turner v. Adams, 46 Mo. 95 ; Alnutt v. Leper, 48 Mo. 819 ; Pendleton v. Perkins, 49 Mo. 565 ; Kent v. Curtis, 4 Mo. App. 121; Tennent v. Battea, 18 Kan. 324; Fleming v. Grafton, 54 Miss. 79 ; Morgan v. Boyne, 7 Neb. 429 ; Public Works v. Columbia College, 17 Wall. 521. The fraudulent…
1Opinion of the CourtThompson, J.
This is a suit in equity to set aside an alleged fraudulent conveyance of real estate situated in St. Louis, Missouri. The plaintiffs have not reduced their demand to a judgment *122at law ; but it is evidenced by certain promissory notes of the defendant Silvaiu Levy, who is a resident of the State of Illinois. The answer of this defendant was a general denial, which, of course, includes a denial of the existence of the debt. At the commencement of the trial, the defendant’s counsel objected to the introduction of any testimony, for the reason, among others, that there was no averment in the…
2Cases cited10 opinions
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Merry v. FremonSupreme Court of Missouri · 1869
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Turner v. AdamsSupreme Court of Missouri · 1870
- McIlvaine v. SmithSupreme Court of Missouri · 1867
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3Cited by4 opinions
- George v. St. Louis Cable & W. Ry. Co.U.S. Circuit Court for the District of Eastern Missouri · 1890
- Burnham, Munger & Co. v. SmithMissouri Court of Appeals · 1899
- Kein v. School DistrictMissouri Court of Appeals · 1890
- McManus v. McDowellMissouri Court of Appeals · 1882