Dalton v. Barron
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. Almon Ing, Judge. (1) The plaintiff before instituting the present suit to set aside the fraudulent conveyance from Mollie Dunky to .Barron did not have to exhaust his legal remedies. ■Plaintiff would not be denied redress in a court of equity, simply because, if such be the fact, he had an adequate remedy at law against some party other than the defend-' ant Dunky. Simpson v. Smith, 196 Mo.
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Appeal from Butler Circuit Court. — Hon. Almon Ing, Judge. (1) The plaintiff before instituting the present suit to set aside the fraudulent conveyance from Mollie Dunky to .Barron did not have to exhaust his legal remedies. ■Plaintiff would not be denied redress in a court of equity, simply because, if such be the fact, he had an adequate remedy at law against some party other than the defend-' ant Dunky. Simpson v. Smith, 196 Mo. App. 523; Lime & Cement Co. v. Bank, 158 Mo. 272; Lenox v. Earls, 185 S. W. 234; Pocoke v. Peterson, 256 Mo. 501. (2) The plaintiff had two remedies which he could…
1Opinion of the CourtJames T. Blair, J.
— Appellant is the assignee of a judgment against Mollie Dunky and the Wright-Dalton-Bell-Anchor Store Company and instituted this suit to set aside a conveyance which the, petition alleges was made by Mrs. Dunky to her co-defendants for the purpose of hindering, delaying and defrauding creditors. A demurrer to the petition was filed and sustained. Appellant refused to plead further;. judgment was rendered accordingly, and the case is here by appeal.
_ The petition alleges, in substance, that respondent William N. Barron is a lawyer, abstractor and real estate dealer and is familiar with…
2Cases cited25 opinions
- Merry v. FremonSupreme Court of Missouri · 1869
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Weightman v. HatchIllinois Supreme Court · 1855
- Coleman v. HageySupreme Court of Missouri · 1913
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3Cited by8 opinions
- Castorina v. HerrmannSupreme Court of Missouri · 1937
- Daggs v. McDermottSupreme Court of Missouri · 1931
- Madget v. JenkinsSupreme Court of Missouri · 1970
- Ashbaugh v. SauerMichigan Supreme Court · 1934
- Johnson v. FotieSupreme Court of Missouri · 1958
3 more not listed; retrieve them via the Exa API.