Webb v. Darby
Supreme Court of Missouri
Appeal from Jaelcson Circuit Court. — Hois. T. A.. Gtile, Judge. (1) A conveyance made with intent to either hinder, delay, or defraud creditors, or a particular creditor, to one having notice of such intention, is void, irrespective-of the. solvency of the grantor or the value of the consideration. Nor is actual knowledge on the part of the-grantee necessary. Knowledge of facts sufficient to put a prudent man on inquiry is sufficient. R. S., sec. 3497; Bump on Fraud.
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Appeal from Jaelcson Circuit Court. — Hois. T. A.. Gtile, Judge. (1) A conveyance made with intent to either hinder, delay, or defraud creditors, or a particular creditor, to one having notice of such intention, is void, irrespective-of the. solvency of the grantor or the value of the consideration. Nor is actual knowledge on the part of the-grantee necessary. Knowledge of facts sufficient to put a prudent man on inquiry is sufficient. R. S., sec. 3497; Bump on Fraud. Con. [3 Ed.] 300-1; Burgert ©.. Borchert, 59 Mo. 83 ; Daugherty v. Cooper, 77 Mo. 529 ; Rupe v. Alltire, 77 Mo. 642; Johnson…
1Opinion of the Court
Noetoít, C. J.
-This is a proceeding instituted by plaintiff, Webb, as administrator of the estate of A. Philpot, deceased, to vacate and overrule, on the ground of fraud, a deed madé by John Darby on the seventeenth of February, 1882, conveying to Samuel Darby, among other lands, the following: The east half of the southeast quarter of section 8, township 48, range 29. The circuit court rendered judgment for the defendants, from which the plaintiff has appealed and claims that the judgment is against the evidence.
It appears from the# record that A. Philpot was one of the sureties on John…
2Cases cited3 opinions
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Dallam v. RenshawSupreme Court of Missouri · 1858
- Page v. DixonSupreme Court of Missouri · 1875
3Cited by6 opinions
- State v. GritznerSupreme Court of Missouri · 1896
- State ex rel. Dutcher v. SheltonSupreme Court of Missouri · 1913
- Shinnabarger v. SheltonMissouri Court of Appeals · 1890
- Steinbach v. BauclairNorth Dakota Supreme Court · 1917
- Steinwender v. CreathMissouri Court of Appeals · 1891
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