Ames v. Gilmore
Supreme Court of Missouri
Error to St. Louis Circuit Court. contended— among other points — that the court erred in its decree vesting the title of the land in plaintiff. Henderson vs. Dickey, (50 Mo., 257), did not overrule the principle adopted in Peyton vs. Dose, (él Mo., 262), that the court cannot, in the suit to set aside a deed, go further and clothe plaintiff with the title.
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Error to St. Louis Circuit Court. contended— among other points — that the court erred in its decree vesting the title of the land in plaintiff. Henderson vs. Dickey, (50 Mo., 257), did not overrule the principle adopted in Peyton vs. Dose, (él Mo., 262), that the court cannot, in the suit to set aside a deed, go further and clothe plaintiff with the title. And Henderson vs. Dickey, unquestionably denies the chancellor such power unless the petition contain two counts calling separately for the two measures of relief. Again, that cause was based on a particular statute authorizing a writ of…
1Opinion of the CourtVories, Judge
This action was brought to set aside certain deeds, in the petition named, on the ground that they had been executed for the fraudulent purpose of hindering and delaying the plaintiff in the collection of a debt due him from defendant Gilmore.
The substantial facts set out in the petition were: that the defendant Gilmore, in the month of December, 1869, was indebted to the plaintiff in the sum of $8,000; that suit was then pending in the St. Louis Circuit Court between Gilmore and the plaintiff for the adjustment of said indebtedness; that on the ninth day of June, 1871, plaintiff recovered…
2Cases cited5 opinions
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Henderson v. DickeySupreme Court of Missouri · 1872
- Peyton v. RoseSupreme Court of Missouri · 1867
- Curd v. LacklandSupreme Court of Missouri · 1872
- Sumner v. SaundersSupreme Court of Missouri · 1872
3Cited by17 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Finke v. BoyerSupreme Court of Missouri · 1932
- Mason v. BlackSupreme Court of Missouri · 1885
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