Lee v. Tabor
Supreme Court of Missouri
ERROR to the St. Louis Court of Common Pleas. 1. The allegation being that the deed was fraudulent, it was equally competent for a court of law or a court of equity to entertain it; the object being not to vary or contradict the deed, as such, but to disprove its legal existence, and rebut its operation. — 3 Black. Com., 443; Bright vs. Eynon, 1 Burr, 396; Pemberton vs. Steeples, 6 Mo.
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ERROR to the St. Louis Court of Common Pleas. 1. The allegation being that the deed was fraudulent, it was equally competent for a court of law or a court of equity to entertain it; the object being not to vary or contradict the deed, as such, but to disprove its legal existence, and rebut its operation. — 3 Black. Com., 443; Bright vs. Eynon, 1 Burr, 396; Pemberton vs. Steeples, 6 Mo. Rep.,'59; 3 Starkie’s Ev., 1017, note L.; Ibid., 1015,1016; Ibid., 1294, note E. 2. One. partner cannot make a general assignment of the partnership effects, so as to bind the other. — Hughes vs. Ellison, 5 Mo.…
1Opinion of the CourtScott, J.
Tabor and Watson were summoned as garnishees in a suit commenced by attachment, against William J. Austin. In answer to interrogatories filed, Tabor and Watson, the garnishees, stated they had and have no property or effects of the defendant in their possession, and are not and were not indebted to them.
They also stated, that they were assignees under a deed of assignment made to them by Savage & Austin, (of which firm said Austin is the surviving partner,) for the benefit of their creditors, and admit that there are some effects in their hands, by virtue of said assignment.
They further…
2Cases cited1 opinion
- Van Winkle v. M'KeeSupreme Court of Missouri · 1842
3Cited by11 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Potter v. WhittenMissouri Court of Appeals · 1913
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
- Joseph, Nelke & Co. v. BoldridgeMissouri Court of Appeals · 1891
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