Citizens Bank v. McElvain
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) Plaintiff positively failed to sliow (a) lack of consideration, (b) that Grace R. Tindle conveyed the property to hinder, delay or defraud her creditors, (c) that defendants had any knowledge of any fraud on the part of Grace R. Tindle or any facts or circumstances from which there could fairly be deducible any of the elements necessary to cancel and set aside the deeds.
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Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) Plaintiff positively failed to sliow (a) lack of consideration, (b) that Grace R. Tindle conveyed the property to hinder, delay or defraud her creditors, (c) that defendants had any knowledge of any fraud on the part of Grace R. Tindle or any facts or circumstances from which there could fairly be deducible any of the elements necessary to cancel and set aside the deeds. (2¡) In a suit to set aside a conveyance on ground of fraud, mere suspicion is not enough. Fraud must be proved as an affirmative fact; and the proof…
1Opinion of the CourtGraves, J.
The plaintiff, a judgment creditor of Grace R. Tindle, brings this action to have declared fraudulent and void as to plaintiff, three several deeds made by Grace R. Tindle and her husband to the defendants, on the ground that the same were made to hinder, delay and defraud her creditors, including this plaintiff. Upon trial nisi the chancellor so decreed, and defendants have appealed.
The pertinent facts are Grace R. Tiudle was indebted to plaintiff upon a note due July 8, 1913, in the sum of $2000. September 8, 1913, plaintiff filed suit upon said note; summons was issued September 22, 1913,…
2Cases cited7 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- Walther v. NullSupreme Court of Missouri · 1911
- Paul v. FultonSupreme Court of Missouri · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Allison v. MildredSupreme Court of Missouri · 1957
- May v. GiblerSupreme Court of Missouri · 1928
- Sherman v. CollinsCourt of Appeals for the Eighth Circuit · 1934
- Adams v. RichardsonSupreme Court of Missouri · 1960
14 more not listed; retrieve them via the Exa API.