Legal Opinion

Monarch Rubber Co. v. Bunn

Missouri Court of Appeals

Decided January 2, 1899PublishedCited by 4 opinions

Appeal from the Ilenry Circuit Court. — Hon. J. H. Lay, Judge. (1) Fraud on tbe part of a trustee alone is sufficient to invalidate a deed of trust even where the debts are genuine. Crow v. Beardsley, 68 Mo. 435; Ross v. Ashton, 73 Mo. App. 254. (2) There may be a fraud perpetrated on creditors at a foreclosure sale under a valid deed of trust.

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Appeal from the Ilenry Circuit Court. — Hon. J. H. Lay, Judge. (1) Fraud on tbe part of a trustee alone is sufficient to invalidate a deed of trust even where the debts are genuine. Crow v. Beardsley, 68 Mo. 435; Ross v. Ashton, 73 Mo. App. 254. (2) There may be a fraud perpetrated on creditors at a foreclosure sale under a valid deed of trust. Woodard v. Mastín, 106 Mo. 324; Miller v. Leeper, 120 Mo. 466. (3) Payment of a consideration will not prevent a sale being fraudulent where the debtor is thereby enabled to hinder and delay his creditors and there is any understanding or agreement by…

1Opinion of the CourtEllison, J.

This action is on an indebtedness of defendant Bunn to plaintiff and an attachment against the latter was sued out and levied upon a stock of merchandise as his property. Interpleader claimed the goods as hers and was successful in a trial on her interplea. Plaintiff appeals.

Interpleader claims the property by purchase at a sale under a chattel deed of trust which her husband had executed as attorney in fact for defendant. The purchase for interpleader under this sale was made by her husband who was and had been in charge of the goods as salesman and manager for defendant who resided at…

2Cases cited3 opinions

  1. Crow v. BeardsleySupreme Court of Missouri · 1878
  2. Sammons v. O'NeillMissouri Court of Appeals · 1895
  3. Ross v. AshtonMissouri Court of Appeals · 1898

3Cited by4 opinions

  1. Reynolds v. SchadeMissouri Court of Appeals · 1908
  2. Keyes v. KennedyMissouri Court of Appeals · 1904
  3. Mayfield Woolen Mills v. WilsonMissouri Court of Appeals · 1901
  4. McKinney v. Wright Lumber Co.Missouri Court of Appeals · 1908

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