Legal Opinion

McFarland v. Bishop

Supreme Court of Missouri

Decided June 2, 1920PublishedCited by 18 opinions

Appeal from St. Louis City Circuit Court. — Eon. Win. T. Jones, Judge. (1) The instrument of May 23, 1916, is void as to creditors and purchasers under the provisions of Section 2880, Revised Statutes of Missouri, 1909. - Jamison v. Mississippi Yalley Trust Co., 207 S. W. 788; Bank v. Watkins, 126 Tenn. 453; Nolan v. Nolan, 218 Pa. 140; Mcllvaine v. Smith, 42 Mo. 58. (a) Such conveyances are void as to purchasers whether with or without notice.

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Appeal from St. Louis City Circuit Court. — Eon. Win. T. Jones, Judge. (1) The instrument of May 23, 1916, is void as to creditors and purchasers under the provisions of Section 2880, Revised Statutes of Missouri, 1909. - Jamison v. Mississippi Yalley Trust Co., 207 S. W. 788; Bank v. Watkins, 126 Tenn. 453; Nolan v. Nolan, 218 Pa. 140; Mcllvaine v. Smith, 42 Mo. 58. (a) Such conveyances are void as to purchasers whether with or without notice. Lewiri on Trust (8 Ed.), p. 75, sec. 20; Underhill’s Law of Trust and Trustees (7 Ed.), pp. 114, 115. (b) Such conveyances are void as to purchasers…

1Opinion of the Court

Appeal from the Circuit Court of the City of St. Louis. On May 24, 1916, Henry B. Graham of that city, then about 41 years of age, signed and delivered an agreement dated May 23, 1916, which is sought to be set aside by this proceeding. By said agreement Graham conveyed to the defendants, John E. Bishop, his attorney, and the American Trust Company, as joint trustees, all of his estate, consisting of both real and personal property, all located in St. Louis. The real estate was encumbered and the equities were of the estimated value of $87,200. The personal property, consisting mostly of…

2Cases cited20 opinions

  1. Curtis and Others v. . LeavittNew York Court of Appeals · 1857
  2. Jones v. CliftonSupreme Court of the United States · 1880
  3. Schenck v. . BarnesNew York Court of Appeals · 1898
  4. Creamer v. BivertSupreme Court of Missouri · 1908
  5. Pacific National Bank v. WindramMassachusetts Supreme Judicial Court · 1882

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3Cited by18 opinions

  1. Stephens v. MooreSupreme Court of Missouri · 1923
  2. Stierlin v. TeschemacherSupreme Court of Missouri · 1933
  3. State Ex Rel. Cooper v. CloydSupreme Court of Missouri · 1971
  4. Lewis v. LewisSupreme Court of Missouri · 1940
  5. Canty v. HalpinSupreme Court of Missouri · 1922

13 more not listed; retrieve them via the Exa API.

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