Hall v. Goodnight
Supreme Court of Missouri
Appeal from Jasper Circuit Coivrt. — Hon. W. M. Robinson, Judge. (1) It is well settled law that if a part of the consideration for a conveyance is fraudulent or fictitious as to creditors, the entire transaction will he vitiated. National Tube Works v. Ring Ref. & Ice Go., 118 Mo. 365. (2) The Chamberlain company was a good and sufficient concern and had the right to sell the goods in controversy to appellants free from any creditor’s claim or equitable trust.
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Appeal from Jasper Circuit Coivrt. — Hon. W. M. Robinson, Judge. (1) It is well settled law that if a part of the consideration for a conveyance is fraudulent or fictitious as to creditors, the entire transaction will he vitiated. National Tube Works v. Ring Ref. & Ice Go., 118 Mo. 365. (2) The Chamberlain company was a good and sufficient concern and had the right to sell the goods in controversy to appellants free from any creditor’s claim or equitable trust. Graham v. Railroad, 102 U. S. 158; Manhattan Brass Go. v.- Webster, etc., Co., 37 Mo. App. 145; Hospes v. Neff Go., 50 N. W. Rep.…
1Opinion of the CourtBarclay, J.
The plaintiffs are Messrs. Hall and Terry. The defendant is Mr. Goodnight, as sheriff of Barry county. The action is a statutory replevin for a large amount of merchandise. Defendant had possession of the property under levies of various attachment writs against the “Chamberlain Mercantile and Land Company,” which we shall call the “company,” for the purposes of this hearing.
The plaintiffs got the goods, May 18, 1892, under an order of delivery in this action, in the usual way, upon a petition claiming title. The defendant justified his claim to possession by the attachment writs which he…
2Cases cited8 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Potter v. McDowellSupreme Court of Missouri · 1860
- Foster v. Mullanphy Planing Mill Co.Supreme Court of Missouri · 1887
- National Tube Works Co. v. Ring Refrigerating & Ice Machine Co.Supreme Court of Missouri · 1893
- Schufeldt v. SmithSupreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- State Ex Rel. St. Louis Union Trust Co. v. SartoriusSupreme Court of Missouri · 1942
- Shields v. HobartSupreme Court of Missouri · 1903
- Boatmen's National Bank v. FleddermanSupreme Court of Missouri · 1944
- Kilpatrick v. WileySupreme Court of Missouri · 1906
11 more not listed; retrieve them via the Exa API.