Graves v. Smith
Supreme Court of Missouri
Appeal from Jasper Circuit Court . — Eon. D. E. Blair, Judge. (1) The judgment rendered in the case of Graves, Trustee, against J. W. Smith, is void, and likewise the execution issued thereunder, the sheriff’s sale thereunder, and the sheriff’s deed under which plaintiff claims and asserts title, for the reason that the court had no jurisdiction over the person of the defendant in that suit, (a) The order of publication issued in said cause runs in the name of J. W. Smith —…
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Appeal from Jasper Circuit Court . — Eon. D. E. Blair, Judge. (1) The judgment rendered in the case of Graves, Trustee, against J. W. Smith, is void, and likewise the execution issued thereunder, the sheriff’s sale thereunder, and the sheriff’s deed under which plaintiff claims and asserts title, for the reason that the court had no jurisdiction over the person of the defendant in that suit, (a) The order of publication issued in said cause runs in the name of J. W. Smith — the record title to the lands in question being in John W. pmith — and is, therefore, void. Notice by publication, in…
1Opinion of the CourtBond, C. J.
Suit of the purchaser under an execution sale to set aside an alleged fraudulent conveyance of the judgment deht-or.
In 1910 defendant John W. Smith (J. "W. Smith) purchased a farm in Newton County, Missouri, and placed his father in possession thereof as teiiant, care for the property being the consideration for its use. In June, 1913, John W. Smith mortgaged this land by two deeds of trust, one for $650 with interest, payable five years from date; the second for $65 with interest, payable to George B. Hulse, maturing at a like date, naming Horace Ruark as trustee, and containing power of…
2Cases cited1 opinion
- Givens v. HarlowSupreme Court of Missouri · 1913
3Cited by4 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Oxley v. OxleyMissouri Court of Appeals · 1947
- Salenia A.B. v. Air National Aircraft Sales & Services, Inc.Missouri Court of Appeals · 1986
- State ex rel. Horine Farms, Inc. v. JonesMissouri Court of Appeals · 1992