Hisey v. Goodwin
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. J. D. Foster, Judge. (1) The mortgage of H. C. McGruder to Ms sister, the respondent, on his stock of goods, was a conveyance to the use of the grantor, and was void as to prior and subsequent creditors; not as a matter of law, but as a matter of fact, in the light of undisputed evidence. ■Greeley v. Reading, 74 Mo. 309; Weber v. Armstrong, 70 Mo. 217; Cator v. Collins, 2 Mo.
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Appeal from Mississippi Circuit Court. — Hon. J. D. Foster, Judge. (1) The mortgage of H. C. McGruder to Ms sister, the respondent, on his stock of goods, was a conveyance to the use of the grantor, and was void as to prior and subsequent creditors; not as a matter of law, but as a matter of fact, in the light of undisputed evidence. ■Greeley v. Reading, 74 Mo. 309; Weber v. Armstrong, 70 Mo. 217; Cator v. Collins, 2 Mo. App. 225. (2) The .court should have permitted appellant to prove by W. A. Bush, the circuit clerk, that on the same day, and shortly before McGruder made the mortgage, suits…
1Opinion of the Court
Nobton, J. —
This is an action of replevin to recover the possession of certain personal property, in which the plaintiff recovered judgment, from which defendant has appealed. It appears from the record that the plaintiff,' Lonvilla, who was the sister of one H. C. McGruder, •claimed the property in question, consisting of a stock-•of goods, by virtue of a mortgage which was duly executed and acknowledged by said McGruder, on the twenty-second of 'January, 1883, conveying the same to her to secure her in the payment of the sum of eight hundred dollars. This mortgage was duly recorded. The…
2Cases cited2 opinions
- Cunningham v. SnowSupreme Court of Missouri · 1884
- Weber v. ArmstrongSupreme Court of Missouri · 1879
3Cited by8 opinions
- Eckle v. RylandSupreme Court of Missouri · 1914
- Sparks v. BrownMissouri Court of Appeals · 1891
- Sauer v. BehrMissouri Court of Appeals · 1892
- Fleisher Bros. v. HindeMissouri Court of Appeals · 1906
- Russell v. RutherfordMissouri Court of Appeals · 1894
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