State ex rel. Niemann v. Koch
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — IIon. Daniel Dillon, Judge. (1) When the sale from Niemann to Ruppenthal was avoided by Niemann’s creditors, Niemann became invested with all his exemption rights. Thompson on Homestead & Exemptions, secs. 409, 410; Stone v. Spencer, 77 Mo. 356 ; Paddock v. Lance, 94 Mo. 284; (2) Inasmuch as Nieman could hold exempt all the property he owned under our statutes there could be no fraudulent conveyance.
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Appeal from the St. Louis City Circuit Court. — IIon. Daniel Dillon, Judge. (1) When the sale from Niemann to Ruppenthal was avoided by Niemann’s creditors, Niemann became invested with all his exemption rights. Thompson on Homestead & Exemptions, secs. 409, 410; Stone v. Spencer, 77 Mo. 356 ; Paddock v. Lance, 94 Mo. 284; (2) Inasmuch as Nieman could hold exempt all the property he owned under our statutes there could be no fraudulent conveyance. Paddock v. Lance, 94 Mo. 284. (1) The law in this case has been fully settled by the former decision in favor of the respondents, and the…
1Opinion of the CourtBiggs, J.
This case was before us on a former appeal. 40 Mo. App. 635. A reference to that opinion will show the facts in detail and it would be useless to restate them here. It was there contended by Niemann that the judgment in his favor should be affirmed, because the property seized was all he had, and it did not exceed in value $300 ; that, under section 2346, Revised Statutes, 1879, the property was exempt, and that, under the intimation of the supreme court in its opinion in Paddock v. Lance, 94 Mo. 285, he was entitled to claim the property as exempt, notwithstanding that the sale to Ruppenthal…
2Cases cited11 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- Osborne v. SchuttSupreme Court of Missouri · 1878
- Stotesbury v. KirtlandMissouri Court of Appeals · 1889
- Hombs v. CorbinMissouri Court of Appeals · 1889
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3Cited by4 opinions
- Garrett v. WagnerSupreme Court of Missouri · 1894
- State ex rel. Fulks v. PruittMissouri Court of Appeals · 1896
- Keithley v. SouthworthMissouri Court of Appeals · 1898
- Green v. BaxterMissouri Court of Appeals · 1902