Manny v. Logan
Supreme Court of Missouri
Error to Marion Circuit Court. On the'30th of January, 1858, one Samuel W. Riggs, being largely indebted, executed a deed of trust of certain described real and personal property to one Logan as trustee.
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Error to Marion Circuit Court. On the'30th of January, 1858, one Samuel W. Riggs, being largely indebted, executed a deed of trust of certain described real and personal property to one Logan as trustee. Certain debts of said Riggs to various parties, among others to Logan, the trustee, were recited in this deed, and the trustee was directed therein to pay said debts in their order, and when all said specified debts were paid to hold the residue of the proceeds for the benefit of all the creditors of the assignor, to be apportioned pro rata among them. The present proceeding is an…
1Opinion of the CourtNapton, Judge
This was an application by the plaintiffs, claiming to be creditors of one Riggs — who had assigned his goods and lands to Logan for the benefit of certain creditors named, and afterwards for the benefit of creditors generally — to compel the trustee Logan to proceed under our statute, file his inventory, give bond, &c. The claim was resisted on the ground that the assignment was for value, and not therefore a voluntary one under our statute, and that Logan, the assignee, was one of the creditors.
The assignment is unquestionably within the provisions of our statute. It is for the benefit of…
2Cases cited1 opinion
- Gates v. LabeaumeSupreme Court of Missouri · 1853
3Cited by2 opinions
- State ex rel. Holliday v. BenoistSupreme Court of Missouri · 1866
- Northrup National Bank v. FranklinMissouri Court of Appeals · 1921