Imhoff & Co. v. McArthur
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. Benjamin E. Tuenee, Judge. (1) A conveyance which is void, as in fraud of creditors, because fraudulent in part upon a false and pretended debt, will not be sustained to the extent of the adequate and honest consideration paid by the grantee. Baldwin v. Short, 125 N. Y. 553. Where a part of the debt secured is fraudulent, the whole mortgage is void.
Read the full summary
Appeal from Scotland Circuit Court. — Hon. Benjamin E. Tuenee, Judge. (1) A conveyance which is void, as in fraud of creditors, because fraudulent in part upon a false and pretended debt, will not be sustained to the extent of the adequate and honest consideration paid by the grantee. Baldwin v. Short, 125 N. Y. 553. Where a part of the debt secured is fraudulent, the whole mortgage is void. Boland v. Ross, 120 Mo. 208; State ex rel. v. 'Hope, 102 Mo. 410; Clark v. Lee, 44 N. W. Rep. 260; Wait on Fraud. Conv., sec. 228; Wallachv. Wylie, 28 Kan. 138. (2) This is the prevailing doctrine and…
1Opinion of the CourtBurgess, J.
This is an equitable proceeding by plaintiff to set aside a conveyance in the nature of a mortgage upon a lot of ground in Memphis, Scotland county, Missouri.
Briefly stated the facts as disclosed by the record are that for many years prior to June, 1886, the Mc-Arthurs resided in said city where H. C. McArthur the husband of Aurelia, and father of George J. McArthur, owned the property involved in this litigation. About that time they moved to Lincoln, Nebraska, where the senior McArthur embarked in the drug business. Thereafter he became indebted to plaintiff, a banking company, in about the…
2Cases cited5 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Wallach v. WylieSupreme Court of Kansas · 1882
- Brown v. WoodSupreme Court of Missouri · 1854
- Baldwin v. . ShortNew York Court of Appeals · 1891
- Boland v. RossSupreme Court of Missouri · 1894
3Cited by10 opinions
- Wells v. GoforthSupreme Court of Missouri · 1969
- Beier v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1899
- Dauber v. JosephsonMissouri Court of Appeals · 1922
- Klauber v. SchlossSupreme Court of Missouri · 1906
5 more not listed; retrieve them via the Exa API.