Woodard v. Mastin
Supreme Court of Missouri
Appeal from the Greene Circuit Court. — C. V. Buckley, Esq., Special Judge. (1) The court erred in dismissing plaintiff’s bill and rendering judgment for defendants. The questions in this case have already been decided in favor of plaintiff. State v. McBride, 81 Mo. 349; s. o., 15 S. W. Rep. 72. (2) Purchases at public sales with debtor’s money are fraudulent and void. Bump on Fraud.
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Appeal from the Greene Circuit Court. — C. V. Buckley, Esq., Special Judge. (1) The court erred in dismissing plaintiff’s bill and rendering judgment for defendants. The questions in this case have already been decided in favor of plaintiff. State v. McBride, 81 Mo. 349; s. o., 15 S. W. Rep. 72. (2) Purchases at public sales with debtor’s money are fraudulent and void. Bump on Fraud. Conveyances [2 Ed.] p. 255 ; Gutzweiler v. Lackman, 23 Mo. 168 ; Benne v. Schnecko, 100 Mo. 251. (3) Such public sales are fraudulent where the money is paid by others. (4) And may be void though valuable…
1Opinion of the CourtThomas, J.
This is a bill in equity to set aside sales under deed of trust and execution, as having been made in fraud of creditors.
*329In 1877, John J. and Thomas H. Mastín organized a mining corporation known as the “North Center Creek Mining & Smelting Company.” John J. Mastín was made president of this company when it was first organized. Thomas H. Mastín was, however, after the first year, its president, and Wm. Toms was its superintendent. This company engaged in the business of mining and reducing zinc and lead ores, and for that purpose expended large sums of money in erecting buildings, furnaces…
2Cases cited10 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Lionberger v. BakerSupreme Court of Missouri · 1885
- Apperson & Co. v. BurgettSupreme Court of Arkansas · 1878
- Erwin v. BlakeSupreme Court of the United States · 1834
- Slattery v. JonesSupreme Court of Missouri · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Castorina v. HerrmannSupreme Court of Missouri · 1937
- Talley v. BuchananSupreme Court of Missouri · 1945
- Miller v. St. Louis & Kansas City Railway Co.Supreme Court of Missouri · 1901
- State ex rel. Heddens v. RuskSupreme Court of Missouri · 1911
- Madget v. JenkinsSupreme Court of Missouri · 1970
8 more not listed; retrieve them via the Exa API.