Frank v. Reuter

• Decision Date: 13 June 1893
• Citation: 22 S.W. 812,116 Mo. 517
• Parties: FRANK et al. v. REUTER et al.
• Court: Missouri Supreme Court

22 S.W. 812

116 Mo. 517

FRANK et al. v. REUTER et al.

Supreme Court of Missouri, Division No. 2.

June 13, 1893.

EVIDENCE — RECORD OF DEEDS — FRAUDULENT CONVEYANCES.

1. Under Rev. St. 1889, § 4861, providing that when an original deed is lost, or not in the power of a party wishing to use it, a certified copy of the record thereof shall be received in evidence, it is not error to admit in evidence a certified copy of the record of a deed, where it appears that the party offering the same is not a party to the deed, and that he is unable to produce the original.

2. In an action to subject lands standing in the name of a married woman to a judgment against her husband, it appeared that the land was originally owned by the husband, and was bought by his sister at a sale under an attachment against him. The sister was informed by the husband's partner, who was also his father-in-law, where to get the money to pay for the land. There was evidence that about the time of the sale the husband had money. In less than a year after the sale to her the sister, without consideration, conveyed the property to her brother's wife, but the deed was not recorded until four years later. During all the time the husband was in possession of the property without paying rent. Held sufficient to warrant a decree subjecting the land to a judgment against the husband.

Appeal from Hannibal court of common pleas; Thomas H. Bacon, Judge.

Action by A. Frank and others against R. H. Reuter and others to subject land to a judgment. Judgment was rendered in favor of plaintiffs, and defendants appeal. Affirmed.

A. M. Hough and J. C. Fisher, for appellants. Chas. Martin, for respondents.

GANTT, P. J.

This is a creditors' bill to divest the title of a certain lot in the town of Elsberry, Mo., out of defendant Mrs. R. H. Reuter, and vest the same in Herman H. Reuter, her husband, and John A. Sauer, and to subject the same to certain judgments of the plaintiffs against the firm of Sauer & Reuter. The evidence shows that the plaintiffs are judgment creditors of the firm of Sauer & Reuter, composed of the defendants John A. Sauer and Herman H. Reuter. The defendants are related to each other as follows: H. H. Reuter and R. H. Reuter are husband and wife, Mary Gerber is a sister of H. H. Reuter, H. H. Reuter is a son-in-law of the wife of John A. Sauer. The defendants Sauer & Reuter were for some years in mercantile business in New Hope, Lincoln county. In 1880 they removed their business to Elsberry, on the line of the St. Louis, Keokuk & Northwestern Railroad, purchased a lot, built a storehouse thereon, and sold goods until they were closed up by attachment in January, 1882. In August, 1881, they had on hand goods amounting to $5,000 at cost price. From that time until their suspension of business, in January, 1882, they purchased goods on credit of various wholesale merchants in St. Louis, Chicago, Quincy, and Cincinnati, amounting to between $18,000 and $19,000, and for the time between August and their failure, in January, 1882, sold a great quantity of goods almost exclusively for cash. During this time they had paid only $3,000 on their indebtedness. When an inventory was taken of the assets attached, it was found that the goods on hand and accounts amounted to only about $10,500; the accounts being about $500, and all contracted before they moved to Elsberry. About the 1st of January, 1882, they executed a chattel mortgage on their entire stock to...