Jones v. Hogan

• Decision Date: 01 April 1908
• Parties: JONES v. HOGAN.
• Court: Missouri Supreme Court

109 S.W. 641

211 Mo. 45

JONES v. HOGAN.

Supreme Court of Missouri, Division No. 1.

April 1, 1908.

COURTS — APPELLATE JURISDICTION — SUPREME COURT — CASE INVOLVING TITLE TO REAL ESTATE.

Title to real estate is not involved, so as to give the Supreme Court jurisdiction on appeal by defendant alone, where, though plaintiff claimed the right to have title vested in him, the court only granted him a lien.

Appeal from St. Louis Circuit Court; John W. McElhinney, Judge.

Action by William J. Jones, trustee, against Cornelia S. Hogan. From the decree, defendant appeals. Transferred to St. Louis Court of Appeals.

Judson & Green, for appellant. Bernard Greensfelder, for respondent.

VALLIANT, P. J.

Plaintiff is the trustee in bankruptcy of the estate of Robert G. Hogan, who filed a voluntary petition in bankruptcy September 15, 1903. The defendant, Cornelia S. Hogan, is the wife of Robert G. Hogan. The petition alleges that the legal tile to certain real estate, being a residence in St. Louis county particularly described, stands on the records in the name of the defendant; that the defendant paid no part of the purchase price of the property; that as much of it as has been paid was paid by her husband, Robert G. Hogan, while he was insolvent, and she knew it; and it was paid with money concealed by him from his creditors, and for the purpose of hindering, delaying, and defrauding them. The prayer of the petition is that the taking of the title in the name of the defendant be adjudged to be fraudulent and void as against the plaintiff, that the defendant be declared as holding the title as trustee for her husband, and that the title be vested in the plaintiff as trustee in bankruptcy, and for general relief. The answer put in issue the averments relating to the alleged fraud, etc., and asserted title in defendant. The cause came on for trial on the pleadings and proof, and at the request of the plaintiff the chancellor made and filed findings of the facts and rendered a decree thereupon. The decree as originally rendered was that an undivided twenty-two fiftieths of the real estate belonged to Robert G. Hogan at the time of the filing of his petition in bankruptcy, and the rest — that is, twenty-eight fiftieths — belonged to the defendant. Therefore the twenty-two fiftieths was by the decree taken from the defendant and vested in the plaintiff as trustee in bankruptcy. There were motions for a new trial filed by both parties, which were continued until the next term, and when ...