Bank of Pike County v. Murray
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Horn. Theodore Brace, Judge. (1) The evidence clearly establishes the fact that Murray, in conveying his large estate to Luce, acted fraudulently, and with intent to hinder, delay, or defraud his creditors. The decree of the court is against the preponderance of evidence on this issue.
Read the full summary
Appeal from Hannibal Court of Common Pleas. — Horn. Theodore Brace, Judge. (1) The evidence clearly establishes the fact that Murray, in conveying his large estate to Luce, acted fraudulently, and with intent to hinder, delay, or defraud his creditors. The decree of the court is against the preponderance of evidence on this issue. In chancery cases this court will review the testimony upon which the decree is based and reverse or modify the judgment, if it is manifest that the judgment should have been otherwise. Jucly v. Farmers & Traders Bank, 81 Mo. 404. (2) Law and justice recognize the…
1Opinion of the CourtHenky, C. J.
By this action, plaintiff seeks to subject to the payment of a judgment in its favor against Murray, a parcel of ground in the city of Louisiana, the legal title .to which is held by Luce, who purchased it at a sale by a trustee to whom it had been conveyed by one Van Horn to secure a debt of eighteen’ thousand dollars, .owing by him to Murray, evidenced by promissory notes, Avhich it is alleged were by Murray assigned to Luce in fraud of his creditors. On a hearing of the cause the bill was dismissed, and plaintiff has prosecuted this appeal. The judgment in favor of plaintiff against Murray…
2Cited by3 opinions
- Taylor v. CayceSupreme Court of Missouri · 1888
- Reynolds' AppealMissouri Court of Appeals · 1897
- Foster v. ByrdMissouri Court of Appeals · 1906