F. A. Drew Glass Co. v. Baldwin
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. The case is stated iu the opinion. I. An assignee takes the assigned property subject to all liens upon it. Burrill on Assign., sect. 391, and cas. cit.; Clark v. Flint, 22 Pick. 33 ; 19 Am. Dec. 395; State ex rel. v. Bowse, 49 Mo. 586, 592, 593. II.
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Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. The case is stated iu the opinion. I. An assignee takes the assigned property subject to all liens upon it. Burrill on Assign., sect. 391, and cas. cit.; Clark v. Flint, 22 Pick. 33 ; 19 Am. Dec. 395; State ex rel. v. Bowse, 49 Mo. 586, 592, 593. II. The fact that appellant presented his claim to the assignee, and prosecuted it to allowance, did not estop him from prosecuting his prior attachment, nor did it work a dissolution of the same, so as to release the attached property. Bank v. Lewis, 8 Pick. 113; Glover - dale v.…
1Opinion of the CourtPhilips, P. J.
This controversy arises out of the-attachment proceedings of the plaintiff against the defendant, Baldwin, and an interplea filed therein, by Heard, the assignee of Baldwin, under a deed of assignment. The attachment was brought on the seventh day of January, 1885. Among the grounds alleged in the affidavit is, that the defendant is about to fraudulently convey and assign his property and effects so as to hinder and delay his creditors. On the following day the defendant made an assignment of all his property, for the benefit of all of his creditors, to the inter-pleader herein. Under the…
2Cases cited13 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- Eppright v. KauffmanSupreme Court of Missouri · 1886
- Harrison v. MockSupreme Court of Alabama · 1846
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3Cited by3 opinions
- Memphis Sav. Bank v. HouchensCourt of Appeals for the Eighth Circuit · 1902
- Gregory v. TavennerMissouri Court of Appeals · 1890
- Turner v. Drees Hardware & Furniture Co.Missouri Court of Appeals · 1921