Shepherd v. Trigg
Supreme Court of Missouri
Error to La Fayette Circuit Court. 1st. The mortgage from decedent to defendant was void in law: First, The mortgagor was largely indebted at the time of its execution. Second, The property remained with mortgagor, and never followed the deed. Third, It contained a disposition of all his property to one creditor. Fourth, The defendant’s debt was fictitious, and not real. Tifth, There is no excuse or reason for the possession of property not accompanying the deed. 2d.
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Error to La Fayette Circuit Court. 1st. The mortgage from decedent to defendant was void in law: First, The mortgagor was largely indebted at the time of its execution. Second, The property remained with mortgagor, and never followed the deed. Third, It contained a disposition of all his property to one creditor. Fourth, The defendant’s debt was fictitious, and not real. Tifth, There is no excuse or reason for the possession of property not accompanying the deed. 2d. It became void as to creditors from matters post fact0: First, The property remained in possession of mortgagor from the date…
1Opinion of the Court
Opinion of the Court by
Tompkins, Judge.
James Shepherd brought his action of assumpsit in the circuit court of Lafayette county, against Christopher Trigg. The judgment of that court being given for Trigg, Shepherd brings the cause into this court by writ of error, to reverse the judgment of the circuit court.
It appears by evidence preserved in the bill of exceptions, that Shepherd, the plaintiff, and Trigg-, the defendant in the circuit court, had become security to Stephen Trigg, the father of the defendant, in a note made by them to Jane Heard, for the payment of about two hundred and…
2Cited by3 opinions
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Mumford v. CantyIllinois Supreme Court · 1869
- Milburn v. WaughSupreme Court of Missouri · 1848