Legal Opinion

Ownby v. Ely

Supreme Court of Missouri

Decided October 15, 1874PublishedCited by 4 opinions

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

  1. State ex rel. Walsh v. VogelMissouri Court of Appeals · 1883
  2. Shotwell v. MunroeMissouri Court of Appeals · 1890
  3. Fitch v. StallingsColorado Court of Appeals · 1894
  4. Fitch v. StallingsColorado Court of Appeals · 1894

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