Zeigler v. Maddox
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was an action (commenced September 25, 1855) against Turner Maddox, sheriff of St. Louis county, to recover possession of a stock of drugs, medicines, &c., in possession of said Maddox by virtue of a levy of an execution against one William L. Maddock. Zeigler, plaintiff in the present suit, claimed title to said stock of drugs by virtue of a deed of trust executed by said Maddock to secure certain promissory notes.
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Error to St. Louis Circuit Court. This was an action (commenced September 25, 1855) against Turner Maddox, sheriff of St. Louis county, to recover possession of a stock of drugs, medicines, &c., in possession of said Maddox by virtue of a levy of an execution against one William L. Maddock. Zeigler, plaintiff in the present suit, claimed title to said stock of drugs by virtue of a deed of trust executed by said Maddock to secure certain promissory notes. Zeigler was trustee in the deed of trust. The cause was submitted to the court upon an agreed statement of facts. The notes were admitted to…
1Opinion of the CourtScott, Judge
The only issue in this case was whether the deed was fraudulent as having been made with intent to hinder, delay or defraud creditors or purchasers. That issue was one of fact to be tried by a jury. As the court assumed the task of a jury and took upon itself to try the issue in the cause, its finding should have shown how the fact in dispute stood between the parties. We do not see that there is any conflict between our cases on this question if the section of the statute concerning fraudulent conveyances, under which they were severally made, be regarded in their consideration. When it…
2Cases cited2 opinions
- Page v. GardnerSupreme Court of Missouri · 1855
- Milburn v. WaughSupreme Court of Missouri · 1848
3Cited by4 opinions
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Bigelow v. StringerSupreme Court of Missouri · 1867
- Hungerford v. GreengardMissouri Court of Appeals · 1902
- Kahmke v. WeberMissouri Court of Appeals · 1915