Allnutt v. Leper
Supreme Court of Missouri
Error to Grundy Circuit Court. I. The petition is sufficient. The facts and allegations necessary to constitute a cause of action are sufficiently alleged. II. When a fraudulent conveyance is made, as in the present case by Craig, the creditors or any one of them may file a bill in equity to have the same set aside. (George v. .Williamson, 26 Mo. 190 ; Brown’s Adm’r v. Quinley, 18 Mo. 375.) IH.
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Error to Grundy Circuit Court. I. The petition is sufficient. The facts and allegations necessary to constitute a cause of action are sufficiently alleged. II. When a fraudulent conveyance is made, as in the present case by Craig, the creditors or any one of them may file a bill in equity to have the same set aside. (George v. .Williamson, 26 Mo. 190 ; Brown’s Adm’r v. Quinley, 18 Mo. 375.) IH. Norman J. Bliss, as administrator of the estate of Andrew" Craig, deceased, is a necessary party to the suit. (1 Am. Lead. Cas. 74, and authorities cited.) IV. Plaintiff is not attempting to enforce…
1Opinion of the CourtBliss, Judge
The petition charges that the plaintiff, in 1860, recovered a judgment against James Craig, deceased, for some $20,000;' that without consideration, and to defraud plaintiff, the said Craig in his lifetime conveyed his real estate to certain of the defendants; that in 1867 he died, and one of the defendants,' Norman J. Bliss, is his administrator; and prays that the property may be sold and the proceeds applied to the payment of the plaintiff’s said judgment. The defendants jointly demur to the petition and specify the grounds of demurrer, to-wit; 1st, because the petition does not allege…
2Cases cited5 opinions
- Merry v. FremonSupreme Court of Missouri · 1869
- Loomis v. TifftNew York Supreme Court · 1853
- Ashby v. WinstonSupreme Court of Missouri · 1858
- Young v. WellsSupreme Court of Missouri · 1862
- Bank of Missouri v. ParrisSupreme Court of Missouri · 1865
3Cited by16 opinions
- Adams v. RichardsonSupreme Court of Missouri · 1960
- Crim v. WalkerSupreme Court of Missouri · 1883
- Davidson v. DockerySupreme Court of Missouri · 1904
- Zeideman v. MolaskyMissouri Court of Appeals · 1906
- Hickory County v. FugateSupreme Court of Missouri · 1898
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