New Madrid Banking Co. v. Brown
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. ' (1) This being a voluntary conveyance on the part of R. M. Morgan to his children, the respondents herein, it is in law fraudulent as to existing creditors, unless he was solvent at the time the deed was made, and had ample means to pay his debts; and it devolves on the donees, the respondents herein, to show that Morgan was solvent and able to pay his debts, and unless they have so done, the finding should be…
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. ' (1) This being a voluntary conveyance on the part of R. M. Morgan to his children, the respondents herein, it is in law fraudulent as to existing creditors, unless he was solvent at the time the deed was made, and had ample means to pay his debts; and it devolves on the donees, the respondents herein, to show that Morgan was solvent and able to pay his debts, and unless they have so done, the finding should be for the appellants. Snyder v. Free, 114 Mo. 360; Hoffman v. Nolte, 127 Mo. 135. (2) The question to be decided is, whether…
1Opinion of the CourtMarshall, J.
This is a proceeding in equity to divest title to certain lands in Howell county, out of the defendants, and vest it in plaintiff, and for a decree putting the plaintiff in possession thereof, and for rents and profits. The circuit court decreed the possession to the defendants until the youngest one of them becomes of age, and adjudged the title and possession to the plaintiff thereafter. The plaintiff appealed.
The controversy arose in this wise: The' defendants are the children and heirs at law of R. M. Morgan, deceased. The plaintiff claims title by virtue of a sheriff’s deed to the land,…
2Cases cited16 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- Keene v. WyattSupreme Court of Missouri · 1901
- Beckmann v. MeyerSupreme Court of Missouri · 1882
- Stivers v. HorneSupreme Court of Missouri · 1876
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lemon v. LemonSupreme Court of Missouri · 1918
- Maupin Ex Rel. Maupin v. LongacreSupreme Court of Missouri · 1926
- In Re TurnerUnited States Bankruptcy Court, W.D. Missouri · 1984
- Snodgrass v. CoppleMissouri Court of Appeals · 1908
- Victor v. GrimmerMissouri Court of Appeals · 1906
5 more not listed; retrieve them via the Exa API.