Legal Opinion

Baker v. Harvey

Supreme Court of Missouri

Decided March 24, 1896PublishedCited by 7 opinions

Appeal from Saline Circuit Court. — Hon. Richaed Field, Judge. (1) The conveyance from J. G-. L. Harvey to his brother was in fraud of the grantor’s creditors, and its necessary effect was to hinder and delay them in the collection of their debts then about to ripen into executions.

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Appeal from Saline Circuit Court. — Hon. Richaed Field, Judge. (1) The conveyance from J. G-. L. Harvey to his brother was in fraud of the grantor’s creditors, and its necessary effect was to hinder and delay them in the collection of their debts then about to ripen into executions. The grantee states that the 'object and purpose of the conveyance was to reduce the debtor’s property into money so as to prevent it from being sacrificed by the legal process, viz., the executions then about to be issued. (2) It would make no difference as to the legal effect of the instrument whether a surplus…

1Opinion of the CourtMacfarlane, J.

This is a suit in the nature of a creditor’s bill to set aside, as fraudulent, a conveyance by defendant J. Gr. L. Harvey to his brother T. R. E. Harvey and a deed from the latter to the wife of the former. The petition charges in substance, and the evidence shows conclusively, these facts:

In September, 1884, the said defendant J. G. L. Harvey became indebted to Deering & Company in the sum of $732.50, evidenced by two promissory notes. For a balance on these notes judgment was rendered against him November 22, 1886, for $353.67. A sale of lot 100 in the city of Marshall, was made under…

2Cases cited7 opinions

  1. Sexton v. AndersonSupreme Court of Missouri · 1888
  2. Dougherty v. CooperSupreme Court of Missouri · 1883
  3. Macke v. ByrdSupreme Court of Missouri · 1895
  4. Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
  5. Robinson v. DrydenSupreme Court of Missouri · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Kincaid v. IrvineSupreme Court of Missouri · 1897
  2. Stam v. SmithSupreme Court of Missouri · 1904
  3. Peoples Bank Ex Rel. Moberly v. JonesSupreme Court of Missouri · 1936
  4. Adam Roth Grocery Co. v. LewisMissouri Court of Appeals · 1897
  5. Meyer Bros. Drug v. WhiteSupreme Court of Missouri · 1901

2 more not listed; retrieve them via the Exa API.

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