Hughes v. Littrell
Supreme Court of Missouri
Error to Johnson Circuit Court. In an action attacking a fraudulent conveyance of land, section 3219, Revised Statutes 1879, applies. Hunter v. Hunter, 50 Mo. 445; Rogers v. Brown, 61 Mo. 190; Bobb v. Woodward, 50 Mo. 103. The statute of limitations in favor of a fraudulent grantee only commences to run from date of possession under fraudulent grant. Walker v. Bacon, 32 Mo. 144; Bobb v. Woodward, 50 Mo. 95. These cases are not overruled by Rogers v. Brown.
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Error to Johnson Circuit Court. In an action attacking a fraudulent conveyance of land, section 3219, Revised Statutes 1879, applies. Hunter v. Hunter, 50 Mo. 445; Rogers v. Brown, 61 Mo. 190; Bobb v. Woodward, 50 Mo. 103. The statute of limitations in favor of a fraudulent grantee only commences to run from date of possession under fraudulent grant. Walker v. Bacon, 32 Mo. 144; Bobb v. Woodward, 50 Mo. 95. These cases are not overruled by Rogers v. Brown. Possession under this statute must be adverse and hostile to the real owner. Hamilton v. Boggess, 63 Mo. 233; Lynde v. Williams, 68 Mo.…
1Opinion of the CourtNorton, J.
In this case the petition of plaintiff states it substance, that Robert Littrell became indebted to •.plaintiff in 1857 by his promissory note, in the sum of $333.10; that said Littrell died insolvent in 1873, that plaintiff presented said note for allowance against his estate, and there was allowed him thereon the sum of $764.58 5 that said Littrell, on the 23rd day of April, 1866, fo.r the purpose of defrauding his creditors, caused a deed to be made conveying certain real estate described in the petition to his wife Matilda and one of the defendants in this -suit, which Was duly recorded…
2Cases cited2 opinions
- Rogers v. BrownSupreme Court of Missouri · 1875
- Hunter v. HunterSupreme Court of Missouri · 1872
3Cited by5 opinions
- Branner v. KlaberSupreme Court of Missouri · 1932
- Donaldson v. JacobitzSupreme Court of Kansas · 1903
- Hudson v. CahoonSupreme Court of Missouri · 1906
- Coleman v. AldermanSupreme Court of Missouri · 1948
- Underwood v. FoshaSupreme Court of Kansas · 1915