Wood v. Porter
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — H,on. Geo. F. Longan, Judge. (1) The deed of trust is fraudulent and void because made and contrived with the intent to hinder, delay and defraud the creditors of Jonathan R. Barrett, the maker thereof. Barrett' was insolvent when the deed of trust was executed. It covered and included his whole estate and was of far less value than the indebtedness secured.
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Appeal from Pettis Circuit Court. — H,on. Geo. F. Longan, Judge. (1) The deed of trust is fraudulent and void because made and contrived with the intent to hinder, delay and defraud the creditors of Jonathan R. Barrett, the maker thereof. Barrett' was insolvent when the deed of trust was executed. It covered and included his whole estate and was of far less value than the indebtedness secured. It conveyed the legal title to all his real estate to the trustee to secure a large amount of indebtedness, but provided that no default should authorize a sale of the property by the trustee until…
1Opinion of the CourtBrace, P.J.
-On the 7th of July, 1885, Jonathan R. Barrett and his wife executed a deed of trust upon certain real estate situate in and adjoining the city of Sedalia in Pettis county, to secure a large indebtedness.
Afterwards, on the 28th of August, 1894, Barrett without being joined by his wife executed a second deed of trust upon the same property to the St. Louis Trust Company, to secure the payment of an indebtedness amounting in the aggregate to $107,999.55. The debts were divided into four classes: the first class aggregating without interest the sum of $5,500, the second class $43,729. the third…
2Cases cited2 opinions
- Bangs Milling Co. v. BurnsSupreme Court of Missouri · 1899
- Meyer Bros. Drug v. WhiteSupreme Court of Missouri · 1901
3Cited by2 opinions
- Black v. EpsteinSupreme Court of Missouri · 1909
- Gambrel v. HinesMissouri Court of Appeals · 1913