Cox v. Wilder
U.S. Circuit Court for the District of Eastern Missouri
This is an appeal from a decree of the district court for the eastern district of Missouri. [Case No. 3,309.] Cox is the assignee in bankruptcy of Sauer. Sauer and wife made a conveyance of the farm of Sauer, on which he and his family resided, to Wilder, within six months of the bankruptcy.
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This is an appeal from a decree of the district court for the eastern district of Missouri. [Case No. 3,309.] Cox is the assignee in bankruptcy of Sauer. Sauer and wife made a conveyance of the farm of Sauer, on which he and his family resided, to Wilder, within six months of the bankruptcy. The district court found that the conveyance was fraudulent as to creditors, and decreed that all of the rights of Wilder, and of Sauer, and of his wife (who were defendants to the bill), be divested oyt of the defendants, and be vested in the plaintiff as assignee, free and discharged of the homestead…
1Opinion of the Court
DILLON, Circuit Judge.
The deed to Wilder was executed by Sauer and wife, and was absolute in form and duly acknowledged. It was intended to secure advances to be made, but which were, in fact, never made, and we agree with his honor below, that, whether regarded as a sale to Wilder, or as security for advances which upon a contingency he promised to make, it was intended to delay creditors, and was, therefore, as to them, fraudulent and void. Not having been recorded, the deed was, after the bankruptcy, surrendered by Wilder to Sauer, and destroyed. The only question in •the case is, whether…
2Cases cited4 opinions
- Summers v. BabbIllinois Supreme Court · 1851
- Pixley v. BennettMassachusetts Supreme Judicial Court · 1814
- Morton v. NobleIllinois Supreme Court · 1870
- Cox v. WilderDistrict Court, E.D. Missouri · 1872
3Cited by19 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Blair v. SmithIndiana Supreme Court · 1888
- Huntzicker v. CrockerWisconsin Supreme Court · 1908
- Kleinert v. LefkowitzMichigan Supreme Court · 1935
- Pugh v. LingafelterCourt of Appeals for the Sixth Circuit · 1910
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