Gowan's Administrator v. Gowan
Supreme Court of Missouri
Appeal from Moniteau Circuit Cowt. This was an action for the possession of a female slave named Hylvia and her three children. The suit was commenced November 18,1857. The defendant, Rebecca Gow-an, in her answer denies the right of the plaintiff to the possession, and sets up the statute of limitations. The testimony adduced in support of the issues is set forth in the opinion of the court.
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Appeal from Moniteau Circuit Cowt. This was an action for the possession of a female slave named Hylvia and her three children. The suit was commenced November 18,1857. The defendant, Rebecca Gow-an, in her answer denies the right of the plaintiff to the possession, and sets up the statute of limitations. The testimony adduced in support of the issues is set forth in the opinion of the court. The court, at the instance of the defendant, gave the following instructions among others : “ 1. If the jury believe from the evidence that A. P. Gowan was in debt in Tennessee, and brought the negro…
1Opinion of the CourtNapton, Judge
The first instruction given for the defendant in this case is not, in our view, correct. It asserts the principle that if a debtor puts personal property into 'the possession of another with a view to protect it from his creditor, the party in possession may avail himself of the fraudulent intent to defeat the action of the debtor for the recovery of his property. This is going farther than any adjudged case which has fallen under our observation, and we doubt the morality or expediency of the doctrine.
The statute against fraudulent conveyances declares every deed of gift and conveyance of…
2Cited by10 opinions
- Livingston v. IvesSupreme Court of Minnesota · 1886
- Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
- Sanguinett v. WebsterSupreme Court of Missouri · 1900
- Adams Express Co. v. RenoSupreme Court of Missouri · 1871
- Allgear v. WalshMissouri Court of Appeals · 1887
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