Snyder v. Free
Supreme Court of Missouri
Appeal from Clinton Circuit Court.—Hon. James M. Sandusky, Judge. In this equitable proceeding the plaintiff seeks to set aside, on the ground of fraud on himself and other creditors, a deed executed by Mrs. Wing, 'the mother, to her daughter, the defendant, Mrs. Free, on the third day of November, 1884. Mrs. Wing died intestate in March, 1885. Letters of administration were granted on her estate in June, 1886, at the instance of plaintiff as creditor, and his claim,…
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Appeal from Clinton Circuit Court.—Hon. James M. Sandusky, Judge. In this equitable proceeding the plaintiff seeks to set aside, on the ground of fraud on himself and other creditors, a deed executed by Mrs. Wing, 'the mother, to her daughter, the defendant, Mrs. Free, on the third day of November, 1884. Mrs. Wing died intestate in March, 1885. Letters of administration were granted on her estate in June, 1886, at the instance of plaintiff as creditor, and his claim, amounting to the sum of $280, allowed in the probate court in September, 1886. The estate of Mrs. Wing was, and always had…
1Opinion of the CourtSherwood, J.
I. The motion for a decree on the pleadings should have prevailed; Mrs. Free and her husband in their answer “admit the indebtedness.” Now, the only indebtedness charged in the petition is that which is alleged therein to have been due on the third day of November, 1884; for the petition in reference to the deed made on that date, and to the indebtedness of Mrs. Wing states, “said debt and money owing him by said Martha M. Wing;” * * * “said ■debt then owing him by,” etc. The admission of the debt and likewise of its date must, therefore, be regarded as standing confessed on the face of the…
2Cases cited11 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Case v. . PhelpsNew York Court of Appeals · 1868
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Morris v. BarnesSupreme Court of Missouri · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Commerce Trust Co. v. WoodburyCourt of Appeals for the Eighth Circuit · 1935
- Friedel v. BaileySupreme Court of Missouri · 1931
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
52 more not listed; retrieve them via the Exa API.