Gambrel v. Hines
Missouri Court of Appeals
Appeal from Holt Circuit Court. — Eon. Francis H. Trimble, Judge. (1) The law creates a presumption that property purchased during coverture is paid for with the husband’s means. Vrook v. Tull, 111 Mo. 283. (2) A voluntary conveyance is presumptively fraudulent as to existing creditors, and the burden is on the donee to establish the validity of such conveyance.
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Appeal from Holt Circuit Court. — Eon. Francis H. Trimble, Judge. (1) The law creates a presumption that property purchased during coverture is paid for with the husband’s means. Vrook v. Tull, 111 Mo. 283. (2) A voluntary conveyance is presumptively fraudulent as to existing creditors, and the burden is on the donee to establish the validity of such conveyance. Vande-venter v. Goss, 116 App. 316, 323. (3) A person when indebted cannot settle a portion of his property on another unless enough is left to satisfy his debts. Welch v. Mann, 193 Mo. 304. (4) Interpleader knowingly consented to the…
1Opinion of the Court
ELLISON, P. J. —
Plaintiff was an execution creditor of defendant Hines, residing in Holt county. Under the execution, the clerk of a public sale of personal property advertised and sold as that of Plines, was garnished by the sheriff. Defendant’s wife claimed that among the property thus sold as that of her husband, was a cow belonging to her, and that the money arising from a sale of the animal was hers. On the answer of the garnishee showing the conflicting claims to this money, in which he asked that he be allowed to pay the money into court and that the parties inter-plead, it was so…
Also in this document: Concurrence.
2Cases cited4 opinions
- Black v. EpsteinSupreme Court of Missouri · 1909
- Riley v. VaughanSupreme Court of Missouri · 1893
- Robinson v. DrydenSupreme Court of Missouri · 1893
- Wood v. PorterSupreme Court of Missouri · 1903