Purse v. Estes
Supreme Court of Missouri
Appeal from Pike Circuit Court. — lion. B. F. Boy, Judge*. (1) This suit being prosecuted by a creditor, the statute of frauds has no application. Shaw v. Shaw, 86 Mo. 594; Ryland v. Callison, 54 Mo. 513; Bobb v. Woodward, 50 Mo.. 100; Herrington v. Herrington, 27 Mo. 560; Rogers v. Rogers, 87 Mo. 257. (2) A part of the money to purchase the lands in controversy was furnished by Lemuel M. Wells, and the entire transaction is therefore void.
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Appeal from Pike Circuit Court. — lion. B. F. Boy, Judge*. (1) This suit being prosecuted by a creditor, the statute of frauds has no application. Shaw v. Shaw, 86 Mo. 594; Ryland v. Callison, 54 Mo. 513; Bobb v. Woodward, 50 Mo.. 100; Herrington v. Herrington, 27 Mo. 560; Rogers v. Rogers, 87 Mo. 257. (2) A part of the money to purchase the lands in controversy was furnished by Lemuel M. Wells, and the entire transaction is therefore void. State ex rel. v. Hope, 102 Mo. 410; Seger v. Thomas, 107 Mo. 635; National Tube Works Co. v. Ring Refrigerating and Ice Machine Co., 118 Mo. 365; Boland…
1Opinion of the CourtValliant, J.
This is a suit in equity by a judgment creditor who seeks to have subjected to the payment of his debt, lands alleged to have been fraudulently conveyed by the judgment debtor to the defendant Estes, and the rents and profits arising out of those lands. The petition shows that the judgment debtor is dead and administration is pending on his estate, but the administrator is not a party and the record here also shows that since the judgment in the circuit court the defendant has died and the cause has revived against the administrator of his estate, but his heirs are not brought in.
*53Tlie case…
2Cases cited7 opinions
- Austin v. LoringSupreme Court of Missouri · 1876
- Martin v. TurnbaughSupreme Court of Missouri · 1899
- Thompson v. CohenSupreme Court of Missouri · 1895
- Martin v. EstesSupreme Court of Missouri · 1896
- Knoop v. KelseySupreme Court of Missouri · 1894
2 more not listed; retrieve them via the Exa API.