Cox v. Wilder
District Court, E.D. Missouri
The bill states that Sauer, the bankrupt, made a deed to Wilder to defraud his (Sauer’s) creditors, for the nominal consideration of five thousand dollars, but really without any value consideration; that after said deed was executed by him and his wife and duly acknowledged, it was lodged in the proper office for record; that thereupon some -of Sauer's creditors sued out attachments on the ground that said deed was made to defraud creditors, and then said deed was withdrawn…
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The bill states that Sauer, the bankrupt, made a deed to Wilder to defraud his (Sauer’s) creditors, for the nominal consideration of five thousand dollars, but really without any value consideration; that after said deed was executed by him and his wife and duly acknowledged, it was lodged in the proper office for record; that thereupon some -of Sauer's creditors sued out attachments on the ground that said deed was made to defraud creditors, and then said deed was withdrawn by the defendants from the recorder’s office before it had actually been placed on the records; that said deed has…
1Opinion of the Court
TREAT, District Judge.
The propositions involved are, admitting, as the demurrers do, that said deed is void as to creditors: First. Whether the inchoate dower of Sauer’s wife is still in her. Second. Whether the homestead interest is still in Sauer. Third. As resulting from the foregoing, whether the assignee in bankruptcy can have vested in him the complete title including both homestead and dower interests. At the outset the court is met on each of the propositions with conflicting decisions based mainly on very nice and subtle distinctions as to the nature of the interests and questions…
2Cases cited7 opinions
- Blain v. HarrisonIllinois Supreme Court · 1849
- Summers v. BabbIllinois Supreme Court · 1851
- Stinson v. SumnerMassachusetts Supreme Judicial Court · 1812
- Manhattan Co. v. EvertsonNew York Court of Chancery · 1837
- Piper v. JohnstonSupreme Court of Minnesota · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cox v. WilderU.S. Circuit Court for the District of Eastern Missouri · 1872