11 S.W. 232 (Mo. 1889), Bohannon v. Combs

• Citation: 11 S.W. 232, 97 Mo. 446
• Opinion Judge: Sherwood, J.
• Party Name: Bohannon v. Combs et al., Appellants
• Attorney: Draffen & Williams and W. S. Shirk for appellants. Geo. P. B. Jackson for respondents.
• Case Date: March 18, 1889
• Court: Supreme Court of Missouri

Page 232

11 S.W. 232 (Mo. 1889)

97 Mo. 446

Bohannon

v.

Combs et al., Appellants

Supreme Court of Missouri

March 18, 1889

Appeal from Pettis Circuit Court. -- Hon. J. P. Strother, Judge.

Affirmed.

Draffen & Williams and W. S. Shirk for appellants.

The conveyances under which defendants claim are not fraudulent. Mrs. Combs' title is founded upon a valuable and most meritorious consideration -- one which strongly appeals to a court of equity. She had an inchoate right of dower in the 1,840 acres. She surrendered this to her husband's creditors, and received the lands conveyed to her as a fair equivalent. This was a valuable consideration. Hood v. Sowell, 11 Ala. 386; Bailey v. Letten, 52 Ala. 282; Singree v. Welch, 32 Ohio St. 320; Brown v. Rawlings, 72 Ind. 505; Farwell v. Johnson, 34 Mich. 342; Bishop on Married Women, secs. 722 and 758; Keele v. Larkin, 3 Southern Rep. [Ala.] 296; German, etc. Sem. v. Seanger, 33 N.W. 301 (Mich.) .

Geo. P. B. Jackson for respondents.

The judgment of this court in this case when it was here before is conclusive that the pretended conveyance to Mrs. Combs was fraudulent and without any consideration; that the judgment under which Bohannon purchased the land in suit had not been paid at the time of the sale; and that Bohannon was not estopped to attack the deed to Mrs. Combs. Bohannon v. Combs, 79 Mo. 305; Chouteau v. Gibson, 76 Mo. 38, 51. Upon these questions the evidence on the second trial was identical with that reviewed by this court on the former appeal.

OPINION

[97 Mo. 447] Sherwood, J.

This is an equitable proceeding whereby it is sought to set aside as fraudulent certain deeds and a judgment which placed the title to certain land in Pettis county, formerly belonging to Wm. E. Combs, in defendant Pigg, as trustee for Mrs. Combs, and vest it in the plaintiffs, as heirs of their father, Chas. E. Bohannon, who had bought the land at execution sale on a judgment against Wm. E. Combs, who was a party defendant when this cause was here before, but who has since died.

On a former occasion, we held the transactions mentioned as fraudulent, reversed the judgment and remanded the cause. 79 Mo. 305. On the return to the lower court of this cause, it was again heard, and the evidence the same as before, so far as concerns the main issues in the cause, resulting in a decree in favor of...