Tyler v. Larimore
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This action is founded on the following contract: “This agreement, made and entered into this sixteenth day > of November, 1880, by and between Abram Larimore, of the county of Audrain, and Jane Larimore, of the county of Callaway, Missouri, heirs and widow of Henry Larimore, deceased, parties of the first part, and R. H. Tyler, of Callaway county, and J. R. Baker, of Audrain…
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This action is founded on the following contract: “This agreement, made and entered into this sixteenth day > of November, 1880, by and between Abram Larimore, of the county of Audrain, and Jane Larimore, of the county of Callaway, Missouri, heirs and widow of Henry Larimore, deceased, parties of the first part, and R. H. Tyler, of Callaway county, and J. R. Baker, of Audrain county, Missouri, parties of the second part, witnesseth, that, whereas, the following land belonging to the estate and…
1Opinion
ON MOTION EOE BE-IIEABING-.
Philips, P. J.
I. It is claimed that the creditors alone could complain of the fraudulent contract in question ; and that in this respect our opinion is in conflict with that of the supreme court in Steadman v. Hayes, 80 Mo. 323. This is a misconception of the attitude of the case at bar. The Steadman case but asserts the familiar rule, that in an action to set aside a - deed for fraud instituted by a third party, the defendant cannot interpose the fraud as a defence, when such creditors are strangers to the record. It does not hold that where A has conveyed his land…
2Cases cited3 opinions
- Brown's Administrator v. FinleySupreme Court of Missouri · 1853
- Hamilton v. Scull's AdministratorSupreme Court of Missouri · 1857
- Steadman v. HayesSupreme Court of Missouri · 1883