Updegraff v. Theaker
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. A voluntary conveyance made by a debtor in embarrassed circumstances, though without any specific intent to defraud, is fraudulent in law as to all who were creditors at the time of the execution of the conveyance, and whose debts remain unpaid and incapable of collection in the ordinary course of proceedings.Hurley v. Taylor, 78 Mo. 238; Buck v. Moore, 36 Mo.
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Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. A voluntary conveyance made by a debtor in embarrassed circumstances, though without any specific intent to defraud, is fraudulent in law as to all who were creditors at the time of the execution of the conveyance, and whose debts remain unpaid and incapable of collection in the ordinary course of proceedings.Hurley v. Taylor, 78 Mo. 238; Buck v. Moore, 36 Mo. App. 535; Boatman’s Savings Bank v. Overall, 16 Mo. App. 515; Knox City v. Thompson, 19 Mo. App. .523; Bayne v. Stanton, 59 Mo. 158; Jamison v. Bagot, 106 Mo. 240;…
1Opinion of the CourtBiggs, J.
— On the fifth day of August, 1889, the defendant R. N. Theaker conveyed to one Milner certain real estate in the city of Springfield. On the fifth day of August, 1890, Milner conveyed the same property to the defendant M. M. Theaker, the wife of R. N. Theaker. On the nineteenth day of March, 1892, the plaintiff bought the same property under execution against R. N. Theaker, and received a sheriff’s deed therefor.
This action is brought by the plaintiff to set aside the deed from R. N. Theaker to Milner, and also that from Milner to Mrs. Theaker, on the gound that both conveyances were…
2Cases cited1 opinion
- Walsh v. KetchumSupreme Court of Missouri · 1884
3Cited by6 opinions
- Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1956
- Johnson v. MurphySupreme Court of Missouri · 1904
- McCluer v. WhiteSupreme Court of Missouri · 1936
- Vandeventer v. GossMissouri Court of Appeals · 1906
- Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1957
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