Massey v. McCoy
Missouri Court of Appeals
Appeal from, the Greene Circuit Court. — Hon. R. L. GtOode, Special Judge. Upon this statement it must be held that the. conveyance and transfer of all her property by Mrs. Epperson-to the defendant for the consideration that defendant should care for, support and maintain her for the remainder of her life, was a “deed of gift and conveyance” to the use of the grantor, Mrs. Epperson, and is void as against creditors, existing and subsequent, and purchasers.
Read the full summary
Appeal from, the Greene Circuit Court. — Hon. R. L. GtOode, Special Judge. Upon this statement it must be held that the. conveyance and transfer of all her property by Mrs. Epperson-to the defendant for the consideration that defendant should care for, support and maintain her for the remainder of her life, was a “deed of gift and conveyance” to the use of the grantor, Mrs. Epperson, and is void as against creditors, existing and subsequent, and purchasers. R. S. 1889, sec. 5169; Robinson v. Robarts, 15 Mo. 459; Snyder v. Eree, 114 Mo. 360; Bank v. Guthrie, 127 Mo-. 189-193; Bump on Eraud.…
1Opinion of the CourtBond, J.
In 1889 Mrs. Epperson gave to plaintiff her note for $136.75, with ten per cent interest thereon, which was afterwards assigned to the Greene County Bank, which recovered judgment thereon in 1897. The defendant was garnished upon an execution issued on this judgment. The issues joined in the garnishment proceedings were submitted to the court sitting as a jury and defendant was discharged. An appeal from that judgment was affirmed in this court for the reason that the issues in question could not be determined in a garnishment proceeding. (See opinion on file.) 74 Mo. App. 10.
In 1892 Mrs.…
2Cases cited6 opinions
- Crane v. SticklesSupreme Court of Vermont · 1843
- Kelsey v. KelleySupreme Court of Vermont · 1890
- Stanley v. RobbinsSupreme Court of Vermont · 1863
- Woodward v. WymanSupreme Court of Vermont · 1881
- Sherer v. AkersMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bank of Willow Springs v. LillibridgeSupreme Court of Missouri · 1927
- Citizens Bank v. McElvainSupreme Court of Missouri · 1920
- Kegan v. HaslettMissouri Court of Appeals · 1908