Patton v. Bragg
Supreme Court of Missouri
Appeal from Shelby Circuit Court. — Hon, T. H. Bacon, Judge. (1) Plaintiff’s evidence makes a prima facie case (Bucks v. Moore, 36 Mo. App. 529, and authorities cited in opinion) ; and casts the burden on the wife to show that she paid for the land with her own separate means. Éoxiev.
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Appeal from Shelby Circuit Court. — Hon, T. H. Bacon, Judge. (1) Plaintiff’s evidence makes a prima facie case (Bucks v. Moore, 36 Mo. App. 529, and authorities cited in opinion) ; and casts the burden on the wife to show that she paid for the land with her own separate means. Éoxiev. Price, 31 Mo. 82; Sloan v. 'lorry, 78 Mo. 625; Jordan v. Buschmeyer, 97 Mo. 94; Woodson v. Pool, 19 Mo. 345; Oliver v. Moore, 23 Ohio St. 473. Taking the conveyance during coverture, the burden is on the wife to show that she actually paid for the land with her own means. Bump on Fraudulent Conveyances [2 Ed.]…
1Opinion of the CourtG-ANtt, P. J.
This is a suit in equity to - set aside a deed from W. K. Bragg to Della Bragg on the ground of fraud, and to subject the land thereby conveyed to the satisfaction of two transcript judgments in favor of plaintiff against Lycurgus Bragg, the husband of defendant, Mrs. Della Bragg. The defendant Agnew was made a party on account of his interest in the land, the same having been mortgaged to him for $1,000, June 29, 1889. The answer was a general denial.
At the trial it was shown that on the twenty-eighth day of July, 1888, the plaintiff recovered a judgment against the defendant, Lycurgus…
2Cases cited4 opinions
- Seitz v. MitchellSupreme Court of the United States · 1877
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Sloan v. TorrySupreme Court of Missouri · 1883
- Jordan v. BuschmeyerSupreme Court of Missouri · 1888
3Cited by16 opinions
- Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Hoffman v. NolteSupreme Court of Missouri · 1895
- Scharff v. McGaughSupreme Court of Missouri · 1907
- Herriman v. CreasonSupreme Court of Missouri · 1944
- Greene v. WilsonSupreme Court of Colorado · 1932
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