Milan Bank v. Richmond
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Hon. Fred Lamb, Judge. (1) Every conveyance of real estate to hinder or defraud creditors either prior or subsequent is clearly and utterly void. R. S. 1909, sec. 2881. (2) It has been held sound doctrine that actual (as contradistinguished from constructive) fraud participated in by both grantor and grantee, will vitiate a conveyance as to subsequent as Avell as to existing creditors. Cole v. Cole, 231 Mo. 260'..
Read the full summary
Appeal from Sullivan Circuit Court. — Hon. Fred Lamb, Judge. (1) Every conveyance of real estate to hinder or defraud creditors either prior or subsequent is clearly and utterly void. R. S. 1909, sec. 2881. (2) It has been held sound doctrine that actual (as contradistinguished from constructive) fraud participated in by both grantor and grantee, will vitiate a conveyance as to subsequent as Avell as to existing creditors. Cole v. Cole, 231 Mo. 260'.. (3) Fraud is rarely ever susceptible of positive proof. Its vermiculations are chiefly traceable by covered tracks and studious concealments.…
1Opinion of the Court
In the Circuit Court of Grundy County, September 29, 1913, the plaintiff in this case recovered judgment against defendant Henry Richmond in the sum of $12,999.68, the amount of a note for seven thousand dollars, executed September 14, 1905, and interest. On March 26, 1914, plaintiff filed his petition in this case in the Circuit Court of Sullivan County for the purpose of enforcing the payment of said judgment against two hundred and eighty acres of land in Sullivan County, formerly owned by the defendant Richmond and conveyed by him to defendant Morris, and by defendant Morris conveyed to…
2Cases cited8 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Austin v. LoringSupreme Court of Missouri · 1876
- Cape Girardeau & Thebes Bridge Terminal Railroad v. Southern Illinois & Missouri Bridge Co.Supreme Court of Missouri · 1908
- Boogher v. FrazierSupreme Court of Missouri · 1889
- Chase v. WilliamsSupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rhodus v. GeatleySupreme Court of Missouri · 1941
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- Lytle v. PageMissouri Court of Appeals · 1979
- González v. Sucn. de Díaz RománSupreme Court of Puerto Rico · 1949
- Hampshire County Trust Co. v. StevensonOhio Supreme Court · 1926
12 more not listed; retrieve them via the Exa API.