Alkire Grocer Co. v. Ballenger
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1)The claim of Matilda Ballenger that all the real estate in controversy was purchased with her money is without substantial evidence to support it.
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Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1)The claim of Matilda Ballenger that all the real estate in controversy was purchased with her money is without substantial evidence to support it. (2) The' unreasonableness of the contention that she did not know that the title to the property in controversy was in her husband until after he had failed and executed and delivered to her the deed in question on the twenty-eighth day of December, 1893, is clearly shown by the evidence. The record imparts notice, and it does not lie in her mouth to deny knowledge that the title…
1Opinion of the CourtMacfarlane, J.
This is an action by plaintiffs, a number of judgment creditors of defendant, E. T. Ballenger, to set aside as fraudulent a deed made by said defendant to his wife, defendant Matilda Ballenger, by which he conveyed to her a number of lots in the town of Columbia. 'The charge in the petition is that the deed was voluntary and without consideration, and was made and accepted with the intent to hinder, delay and defraud plaintiffs and other creditors of defendant, E. T. Ballenger.
The defendants answered separately. Defendant E. T. Ballenger denies each allegation of the petition, and sets up…
2Cases cited1 opinion
- Seay v. HesseSupreme Court of Missouri · 1894
3Cited by12 opinions
- Conrad v. Diehl.Supreme Court of Missouri · 1939
- Friedel v. BaileySupreme Court of Missouri · 1931
- Blake v. MeadowsSupreme Court of Missouri · 1909
- Winn v. RileySupreme Court of Missouri · 1899
- Stewart v. OuthwaiteSupreme Court of Missouri · 1897
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