Cook v. Clippard
Supreme Court of Missouri
ERROR TO ST. LOUIS CIRCUIT COURT. 1st. The object of our statute (R. C. frauduleut conveyances see; 5) is not to transfer tho property of one man to another, arbitrarily and without right; but to prevent injury to fair ^urchááers and creditors, by the fraudulent covering up of property. 4 Mass, Rep. 637. 2nd. In jJofrit of law$ tho sfttvo belonged' tó N. Cook, the plaintiff, at the time of the sale from young Gook to' English. 8 Mó.
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ERROR TO ST. LOUIS CIRCUIT COURT. 1st. The object of our statute (R. C. frauduleut conveyances see; 5) is not to transfer tho property of one man to another, arbitrarily and without right; but to prevent injury to fair ^urchááers and creditors, by the fraudulent covering up of property. 4 Mass, Rep. 637. 2nd. In jJofrit of law$ tho sfttvo belonged' tó N. Cook, the plaintiff, at the time of the sale from young Gook to' English. 8 Mó. Rep. 522. And Engl'ish-, knowing tho circumstances, and the state of the title, cannot set up bis own volunteer act, as a ground of charging fraud against the…
1Opinion of the Court
Judge Napton
delivered the opinion of the court»
This was an action of detinue brought by the plaintiff to recover the possession of a slave. The plaintiff had permitted his son to take possession of the slave, as a loan, and this possession by the son had continued for more than five years, without any demand being made, and without the execution of any instrument of writing. Under these circumstances the son sold the slave to one T. B. English, who again sold her to the defendant; but both defendant and English, at the time of their respective purchases, were acquainted with the true state of…
2Cited by3 opinions
- Bryson & Hardin v. PenixSupreme Court of Missouri · 1853
- Coover v. JohnsonSupreme Court of Missouri · 1885
- Layson v. RogersSupreme Court of Missouri · 1857