Stam v. Smith
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — Now. James D. Fox, Judge. (1) Under tlie testimony plaintiff was entitled to decree setting aside the deed executed by Murphy to defendant, Lou M. Smith. According to her own testimony, if true, the transaction was a sale, not a case of a creditor honestly protecting herself to the extent of her claim. Smit y. Strauss Saddlery Co., 64 Mo. App. 120; Cooper v. Stanley, 40 Mo. App. 138;'Frederick y.
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Appeal from St. Francois Circuit Court. — Now. James D. Fox, Judge. (1) Under tlie testimony plaintiff was entitled to decree setting aside the deed executed by Murphy to defendant, Lou M. Smith. According to her own testimony, if true, the transaction was a sale, not a case of a creditor honestly protecting herself to the extent of her claim. Smit y. Strauss Saddlery Co., 64 Mo. App. 120; Cooper v. Stanley, 40 Mo. App. 138;'Frederick y. Allgaier, 88 Mo. 598; McVeagh v. Baxter, 82 Mo. 522; State to use y. Mason, 112 Mo. 382; Snyder v. Free, 114 Mo. 361; Garische y. MacDonald, 103 Mo. 11;…
1Opinion of the CourtGantt, P. J.
This is a suit in equity to set aside a deed from Zebulon Murphy to Mrs. Lucinda Smith on the ground that it was made to hinder, delay and defraud the creditors of said Murphy.
The plaintiff, as executor of Mr. Parkhurst, in the lifetime of said Zebulon Murphy, obtained a judgment on the thirteenth of November, 1896, in the circuit court of St. Francois county for $173.85; Zebulon Murphy died about January 1,1897, and after his death the said judgment was exhibited and classed against his estate. It was alleged that said Zebulon Murphy at the time of his death was indebted to a considerable…
2Cases cited21 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Merry v. FremonSupreme Court of Missouri · 1869
- Roan v. WinnSupreme Court of Missouri · 1887
- Macke v. ByrdSupreme Court of Missouri · 1895
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
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3Cited by9 opinions
- McKee v. DowningSupreme Court of Missouri · 1909
- May v. GiblerSupreme Court of Missouri · 1928
- Bank of New Cambria v. BriggsSupreme Court of Missouri · 1951
- Welch v. MorrisSupreme Court of Missouri · 1906
- Bostian v. JonesSupreme Court of Missouri · 1951
4 more not listed; retrieve them via the Exa API.