Ault v. Eller
Missouri Court of Appeals
Error to the Carroll Circuit Court. — How. J. M. Davis, Judge. (1) The petition alleges that Andrew Eller was insolvent, both at the time of the execution of the deed, and at the commencement of the suit; and that he had no other means or assets out of which the debt could be made; that the interest of Andrew Eller was such an interest in the land as was subject to levy and sale under execution, prior to the enactment of the married woman’s act; see section 2497, Revised…
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Error to the Carroll Circuit Court. — How. J. M. Davis, Judge. (1) The petition alleges that Andrew Eller was insolvent, both at the time of the execution of the deed, and at the commencement of the suit; and that he had no other means or assets out of which the debt could be made; that the interest of Andrew Eller was such an interest in the land as was subject to levy and sale under execution, prior to the enactment of the married woman’s act; see section 2497, Revised Statutes, 1879, Schneider v. Steihr, 20 Mo. 270, and many other authorities which could be cited, but we assume this to be…
1Opinion of the Court
Smith, P. J. —
This is a suit in equity, the object of which is to set aside a certain conveyance for fraud, and to subject the life-interest, of 'the defendant Andrew Eller in. certain real estate to the payment of a certain judgment.
The petition charged that, at various times between the fourth day of January, 1883, and the twenty-sixth day of N ovember, 1886, at the request of the defendant Andrew Eller, the husband of Isabella Eller, and also at the request of the said Isabella, he rendered and performed services as a physician to, and for, the said Isabella, furnishing medicines during…
2Cases cited17 opinions
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Hord v. TaubmanSupreme Court of Missouri · 1883
- Meier v. BlumeSupreme Court of Missouri · 1883
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3Cited by1 opinion
- Davis v. WatsonMissouri Court of Appeals · 1901