Ownby v. Ely
Supreme Court of Missouri
Appeal from Macon Circuit Court. I. It was the duty of Ely to file an inventory of the property under oath, which came into his hands. (W. S., 151-2, §§ 2, 3.) II. The ruling of the court below makes Ownby pay what Ely loses by his fraudulent acts. (Allen vs. Berry, 50 Mo., 90.)
1Opinion of the CourtWagner, Judge
This was a proceeding in the nature of a bill in equity, the object of which was to declare a trust upon certain real estate, and have the defendant held as a trustee for the plaintiff.
The petition alleged that in 1866 plaintiff and one Lee purchased of I. B. Dodson the land in question, and paid for ■the same, and that Dodson executed and delivered to them a Warranty deed therefor; that in 1867, plaintiff having been sheriff and collector of Adair County, became defaulter to the county and State, and, desiring to secure the indebted*476nesSj.he made a voluntary assignment: to the defendant of…
2Cited by4 opinions
- State ex rel. Walsh v. VogelMissouri Court of Appeals · 1883
- Shotwell v. MunroeMissouri Court of Appeals · 1890
- Fitch v. StallingsColorado Court of Appeals · 1894
- Fitch v. StallingsColorado Court of Appeals · 1894