Boltz v. Eagon
U.S. Circuit Court for the District of Eastern Missouri
At Law. Intervening petition of Gus. Lehman, assignee of II. C. Ea-gon against John W. Emerson, United States marshal. Plaintiffs, John H. Boltz et a.L, brought suit by attachment against defendant II. C. Eagon, and caused it to be levied on property which had been conveyed by the defendant by a deed of general assignment to Gus. Lehman, as assignee for the benefit of creditors.
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At Law. Intervening petition of Gus. Lehman, assignee of II. C. Ea-gon against John W. Emerson, United States marshal. Plaintiffs, John H. Boltz et a.L, brought suit by attachment against defendant II. C. Eagon, and caused it to be levied on property which had been conveyed by the defendant by a deed of general assignment to Gus. Lehman, as assignee for the benefit of creditors. The assignment having been sustained by ilie verdict of a jury, plaintiffs claimed that they were at least entitled to bold under the attachment certain portions of the attached property originally sold by them to the…
1Opinion of the Court
Thayer, J.,
(orally.') In the matter of the intervening claim of Gus. Lehman, assignee, in the case of Boltz and others against Eagon, (the jury having found that the assignment was not fraudulent, so far, at least, as the assignee is concerned,) the question arises whether the attaching creditors can hold as against the assignee that part of the assigned property that was purchased from themselves, on the ground that the attachment suit was brought to recover the purchase price of such property. The claim is based solely oh section 2353, Rev. St. Mo., which provides, in substance, that…
2Cases cited3 opinions
- Parker v. RodesSupreme Court of Missouri · 1883
- State ex rel. Evans v. OrahoodMissouri Court of Appeals · 1887
- Bolckow Milling Co. v. Turner, Frazer & Co.Missouri Court of Appeals · 1886