Walther v. Null
Supreme Court of Missouri
Appeal from ■ Jefferson Circuit Court. — Hon. Jos. J. ' Williams, Judge. (1) Probate courts are courts of general jurisdiction and their judgments are conclusive in collateral proceedings. Johnson v. Beazley, 65 Mo. 250; Vaslor v. Brock, 84 Mo. 574. (2) The allowance by the probate court of a note has the force and effect'of a judgment, and the question whether it was supported by a valuable consideration cannot be raised in a subsequent suit in the circuit court.
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Appeal from ■ Jefferson Circuit Court. — Hon. Jos. J. ' Williams, Judge. (1) Probate courts are courts of general jurisdiction and their judgments are conclusive in collateral proceedings. Johnson v. Beazley, 65 Mo. 250; Vaslor v. Brock, 84 Mo. 574. (2) The allowance by the probate court of a note has the force and effect'of a judgment, and the question whether it was supported by a valuable consideration cannot be raised in a subsequent suit in the circuit court. Clark v. Thias, 175 Mo. 628. (3) A voluntary conveyance by a debtor in embarrassed circumstances, or by one whom the conveyance…
1Opinion of the CourtLamm, J.
From a decree dismissing his creditor’s bill, plaintiff on due steps comes up by appeal. The cause, once submitted in-Division, came into Banc because the brethren disagreed.
Shortly, the case on the pleadings is this:
The petition is in the nature of a creditor’s bill. It charges that one John W. Null in 1901, then the owner of a farm in Jefferson county, Missouri, of 362 acres, and then indebted to plaintiff on a promissory note for $478.42, conveyed said farm to defendant with the intent to hinder, delay and defraud his creditors, among them plaintiff, by a deed put of record; that the…
2Cases cited6 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Clark v. ThiasSupreme Court of Missouri · 1903
- Miller v. McCalebSupreme Court of Missouri · 1907
- Pitts v. PittsSupreme Court of Missouri · 1907
- Fitzpatrick v. StevensMissouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Daffin v. DaffinMissouri Court of Appeals · 1978
- Citizens Bank v. McElvainSupreme Court of Missouri · 1920
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1917
- Farmers & Merchants Bank v. FunkSupreme Court of Missouri · 1936
- State Ex Rel. Estate of Seiser v. LaskyMissouri Court of Appeals · 1978
14 more not listed; retrieve them via the Exa API.