Canady v. Melette
Missouri Court of Appeals
Appeal from Stone Circuit Court. — Hon. J. T. Moore, Judge. (1) At the time the conveyance was made to Ella M. Mellette, the consideration was paid by J. E. Mel-lette. Thus a resulting trust arose in his favor.
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Appeal from Stone Circuit Court. — Hon. J. T. Moore, Judge. (1) At the time the conveyance was made to Ella M. Mellette, the consideration was paid by J. E. Mel-lette. Thus a resulting trust arose in his favor. Richardson v. Champion, 143 Mo. 538; Crawford v. Jones, 163 Mo. 577; Heil v. Heil, 184 Mo. 675; Kelley v. Johnson, 28 Mo. 249; Stevenson v. Haynes, 220 Mo. 199; Stevens v. Fitzpatrick, 218 Mo. 708. (2) J. E. Mel-lette was insolvent when the conveyance was made, and an insolvent debtor cannot make a conveyance to defeat his creditor’s claims. Hardware Co. v. Horn, 146 Mo. 129. (3) The…
1Opinion of the Court
ROBERTSON, P. J. —
Plaintiff alleges in his petition that the defendant is the widow of J. E. Mellette who died in Springfield in March, 1910; that on May 29, 1899, the plaintiff recovered judgment against the said deceased in the circuit court of Greene county for the sum of $275.85; that the said J. E. Mellette died insolvent and that there has been no administration on his estate; that on February 3, 1909, he obtained judgment for $525.65 in a suit on the first judgment; that on July 6,1903, certain land in Stone county, Missouri, was conveyed to the defendant for the declared consideration…
2Cases cited4 opinions
- Maplegreen Realty Co. v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1911
- Coy v. LandersMissouri Court of Appeals · 1910
- J. N. Street v. School DistrictSupreme Court of Missouri · 1909
- Investment Security Co. v. WilliamsMissouri Court of Appeals · 1910