Kahmke v. Weber
Missouri Court of Appeals
Appeal from Perry Circuit Court. — Ron. Peter R. Ruck, Judge. (1) When it appears from the face of a deed or mortgage that there is a trust or reservation of use to the grantor, the court as a matter of law, will declare such deed void as against creditors.
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Appeal from Perry Circuit Court. — Ron. Peter R. Ruck, Judge. (1) When it appears from the face of a deed or mortgage that there is a trust or reservation of use to the grantor, the court as a matter of law, will declare such deed void as against creditors. Zeigler v. Maddox,-26 Mo. 575; Bump on Fraudulent Conveyances, (4 Ed.), secs. 25, 26,172 and 174; Mitchell v. Beal, 8 Yerg. 134; Ashurst v. Martin, 9 Port. 566; Young v. Bore, 11 Ind. 347; Johnson v. Thweat, 18 Ala. 741; Bigelow v. Stinger, 40 Mo. 195; Harmon v. Hoskins, 56 Miss. 142; Bulger v. Rosa, 119 N. Y. 459; Packing Co. v. O’Keefe,…
1Opinion of the Court
NORTON!, J.
This is a suit by attachment. The finding and judgment were for defendant and plaintiff prosecutes the appeal.
The subject-matter levied upon under the writ of attachment is a stock of wines, liquors, cigars and other goods and supplies in a saloon or dramshop situate in Perryville. The suit was instituted on the seventeenth day of January, 1911. It appears that ten days before the institution of the suit — that is, on January 7 — defendant executed a chattel mortgage on the stock of goods involved to Theodore Guemmer, Jos. R. Cissell and Fritz Behrle, to secure a promissory note…
2Cases cited12 opinions
- Roselle v. BeckemeirSupreme Court of Missouri · 1896
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
- Brownwell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1897
- Lodge v. SamuelsSupreme Court of Missouri · 1872
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3Cited by2 opinions
- Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
- Citizens Trust Co. v. EldersMissouri Court of Appeals · 1923