Patton v. Bragg

Decision Date31 January 1893
PartiesPATTON v. BRAGG et al.
CourtMissouri Supreme Court

Appeal from circuit court, Shelby county; THOMAS H. BACON, Judge.

Suit by Joseph M. Patton against Della Bragg and others to set aside an alleged fraudulent conveyance. A demurrer by defendants to the evidence was sustained, and plaintiff appeals. Reversed.

John A. White and J. L. Berry, for appellant. R. P. Giles, for respondents.

GANTT, P. J.

This is a suit in equity to set aside a deed from William K. Bragg to Della Bragg on the ground of fraud, and to subject the land thereby conveyed to the satisfaction of two transcript judgments in favor of plaintiff against Lycurgus Bragg, the husband of defendant Mrs. Della Bragg. The defendant Agnew was made a party on account of his interest in the land, the same having been mortgaged to him for $1,000, June 29 1889. The answer was a general denial. At the trial it was shown that on the 28th day of July, 1888, the plaintiff recovered a judgment against the defendant Lycurgus Bragg for $131.71 and $5.45 costs, before J. W. EVANS, J. P., of Clay township, in Shelby county, Mo., and on the same day execution was issued thereon to R. E. Dale, constable of said township, returnable in 90 days; and on the 30th day of July, 1888, a transcript of this judgment was duly filed in the office of the clerk of the circuit court of Shelby county, in said state, to secure a lien on real estate. The plaintiff also recovered a judgment against said defendant Lycurgus Bragg on said 28th day of July, 1888, before said J. W. EVANS, J. P., for the sum of $100 and $5.80 costs, a transcript of which was duly filed the 30th day of July, 1888, in the office of the said clerk of the circuit court of Shelby county aforesaid, to secure a lien on real estate, and that execution was issued by said justice thereon on the 30th day of July, 1888, to R. E. Dale, constable of said township, returnable in 90 days; that both of said transcripts so filed were by said clerk of the said circuit court duly recorded in his said office in a book by him then and there kept for that purpose; that on the 29th day of October, 1888, the said executions so issued in both of said cases were by R. E. Dale, constable, as aforesaid, duly returned, "No property found in Shelby county of the defendant whereupon to levy;" that afterwards, on the 5th day of June, 1889, supplemental transcripts of the docket of the justice of the peace in said cases were duly filed in the office of said clerk of the circuit court of Shelby county, aforesaid, showing the issuing of said executions on said judgments and the return of said constable of "No property found," as aforesaid. It was also shown that on said 30th day of July, 1888, transcripts were filed in the office of said clerk of two judgments rendered before said justice in favor of Sommer, Lynds & Co. and against said Lycurgus Bragg; one for $122.35, and the other for $69.39. That in October, 1888, after the plaintiff had procured his said judgment liens, as aforesaid, S. J. Bragg, father of defendant Lycurgus Bragg, died intestate,...

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45 cases
  • Macdonald v. Rumer
    • United States
    • Missouri Supreme Court
    • 3 Julio 1928
    ...that the grantee holds the property in trust for the debtor, or that the conveyance is voluntary. Garrett v. Wagner, 125 Mo. 450; Patton v. Bragg, 113 Mo. 595; Hart v. Leete, 104 Mo. 315; Rinehart v. Long, 95 Mo. 396; Gutzwiller v. Lackman, 23 Mo. 168; East St. Louis Ice Co. v. Kuhlmann, 23......
  • MacDonald v. Rumer
    • United States
    • Missouri Supreme Court
    • 3 Julio 1928
    ...bankruptcy for the benefit of all the creditors. [Ice & Cold Storage Co. v. Kuhlmann, 238 Mo. 685; Garrett v. Wagner, 125 Mo. 450; Patton v. Bragg, 113 Mo. 595.] conveyance would be voluntary, presumptively fraudulent, and the burden would be on the donee to establish their validity. [Mille......
  • Smelser v. Meier
    • United States
    • Missouri Supreme Court
    • 1 Junio 1917
    ... ... for said land. [Weil v. Simmons, 66 Mo. 617 at 619; ... Sloan v. Torry, 78 Mo. 623; Crook v. Tull, ... 111 Mo. 283, 20 S.W. 8; Patton v. Bragg, 113 Mo. 595 ... at 600, 20 S.W. 1059; Hoffman v. Nolte, 127 Mo. 120 ... at 120-134, 29 S.W. 1006; Lins v. Lenhardt, 127 Mo ... 271; ... ...
  • Dalton v. Barron
    • United States
    • Missouri Supreme Court
    • 14 Marzo 1922
    ...to the extent for which respondents contend. There is ample authority for this conclusion. This court expressly so held in Patton v. Bragg, 113 Mo. 595, 20 S.W. 1059: "The fact that Lycurgus Bragg had an interest in father's lands upon which plaintiff's judgments were liens, is no defense t......
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