Holloway v. Holloway
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. D. A. DeArmond, Judge. (1) Conceding the truth of every allegation in the joint answer of Mrs. S. A. G. Holloway and George W. Holloway, plaintiff is clearly entitled to be given a decree for the undivided half in question, subject at most to the right of S. A. G. Hollaway to resort thereto to reimburse herself in case of loss to her by virtue of the mortgage of her homestead.
Read the full summary
Appeal from Cass Circuit Court. — Hon. D. A. DeArmond, Judge. (1) Conceding the truth of every allegation in the joint answer of Mrs. S. A. G. Holloway and George W. Holloway, plaintiff is clearly entitled to be given a decree for the undivided half in question, subject at most to the right of S. A. G. Hollaway to resort thereto to reimburse herself in case of loss to her by virtue of the mortgage of her homestead. O ’Neil v. Capelle, 62 Mo. 202. (2) Mrs. Holloway cannot prove a different consideration from that expressed in the indorsement on her note as against the creditors of Gr. W.…
1Opinion of the CourtBrack, J.
The plaintiff, James M. Holloway, commenced this suit in the Cass county circuit court, making Geo. W. Holloway and his wife Sarah, John M. Holloway, T. P. Holloway and the National Bank of Kansas City defendants. By the first cause of action-, the plaintiff seeks to set aside two deeds and a deed of *278trust on the ground that they were made to defraud the creditors of defendant, Geo. W. Holloway ; and by the second cause of action he seeks to enjoin certain of the defendants from selling the land under pending partition proceedings.
Geo. W. Holloway, being the owner of three hundred and forty…
2Cases cited4 opinions
- Hoyt v. . MartenseNew York Court of Appeals · 1857
- Brant v. RobertsonSupreme Court of Missouri · 1852
- Hammond v. JohnstonSupreme Court of Missouri · 1887
- Hart v. SteedmanSupreme Court of Missouri · 1889
3Cited by23 opinions
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- C. H. Albers Commission Co. v. SpencerSupreme Court of Missouri · 1911
- Mound City Co. v. CastlemanCourt of Appeals for the Eighth Circuit · 1911
- Munday v. AustinSupreme Court of Missouri · 1949
- Aull v. DaySupreme Court of Missouri · 1896
18 more not listed; retrieve them via the Exa API.