Growney v. Lowe
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. Won. G. Ellison, Judge. (1) The appellate courts will examine the evidence in an equity case, fully, and will render such decree as is warranted thereby.
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Appeal from Nodaway Circuit Court. — Hon. Won. G. Ellison, Judge. (1) The appellate courts will examine the evidence in an equity case, fully, and will render such decree as is warranted thereby. Beene v. Schnecko, 100 Mo. 250'; Miller v. McCaleb, 208 Mo. 573; Gottfried v. Bray, 208 Mo. 663. There were no objections or any controversy, in the trial court, to. appellant’s record as a judgment creditor, and no objection or exception by respondents, to appellant’s sheriff’s deed, as offered in evidence; and the prayer of appellant’s petition only seeks to set aside and cancel the alleged…
1Opinion of the CourtValliant, J.
— This is a suit in equity to set aside two deeds to an undivided one-sixth interest in 240 acres of land in Nodaway county, on the ground that they were without consideration, and made to hinder and delay the plaintiff in the collection of a debt that the grantor in the first deed owed to the plaintiff.
According to the petition the plaintiff in April, 1894, obtained a judgment in a justice’s court for $48.50' against Joseph Lowe, a brother of the defendants. Joseph at the time was insolvent and nothing could be made by execution, so the judgment remained unsatisfied; in 1901 he became the…
2Cases cited3 opinions
- Alberger v. WhiteSupreme Court of Missouri · 1893
- McNear v. WilliamsonSupreme Court of Missouri · 1902
- Crothers v. BuschSupreme Court of Missouri · 1900
3Cited by2 opinions
- Pew v. PriceSupreme Court of Missouri · 1913
- State Ex Rel. Stevens Motor Car Co. v. AllenSupreme Court of Missouri · 1922