Bishop v. Bishop

• Decision Date: 05 March 1921
• Docket Number: No. 21809.,21809.
• Citation: 228 S.W. 1065
• Parties: BISHOP v. BISHOP et al.
• Court: Missouri Supreme Court

228 S.W. 1065

BISHOP v. BISHOP et al.

No. 21809.

Supreme Court of Missouri, Division No. 1.

March 5, 1921.

Appeal from Circuit Court, Jasper County; Joseph D. Perkins, Judge.

Suit by Hattie Bishop against Rebecca Bishop and others. From judgment for plaintiff, defendants appeal. Affirmed.

H. L. Bright and J. H. & W. E. Bailey, all of Carthage, for appellants.

H. W. Blair, of Joplin, and J. W. Halliburton & Son, of Carthage, for respondent.

BROWN, C.

Suit brought to set aside a deed made February 14, 1916, by the defendant Loren L. Bishop to his mother, the defendant Rebecca Bishop, on the ground that it was made and received for the purpose of defrauding the plaintiff, a creditor of the grantor.

The answer consisted of: (1) A general denial; (2) that the land was sold and transferred by the defendant Loren L. Bishop to the defendant Rebecca Bishop for a good and valuable consideration prior to the date of the judgment constituting the indebtedness of plaintiff charged in the petition; (3) that Certain persons other then Loren L. and Rebecca Bishop were purchasers of portions of the land from Rebecca for a good and valuable consideration, and were necessary parties to a complete determination of the controversy.

No question is now raised as to the sufficiency of the pleadings. The judgment of the court was in the nature of a decree for plaintiff subjecting all the part of the land remaining unsold by the defendant Rebecca to the payment of plaintiff's judgment.

The theory of the court as to the effect of the evidence appears plainly in its findings incorporated in the decree as follows:

"That the plaintiff in the year 1915 commenced suit against defendant Loren L. Bishop in the circuit court of Jasper county, Mo., returnable to the November term, 1915, of said court, which suit was an action by the plaintiff to recover judgment against Loren L. Bishop for support of the infant child of plaintiff and said defendant Loren L. Bishop; that plaintiff, on the 2d day of March, 1916, recovered a judgment against Loren L. Bishop in the sum of $1,000 and for costs in said action.

"The court further finds that in October, " 1915, Charles S. Bishop departed this life in Jasper county, Mo., and at the time of his death said Charles S. Bishop was the owner of and held the title in fee to the following described real estate situated in Jasper county, Mo., to wit, the east half of lot No. 2 of the northeast quarter and the east half of lot No. 3 of the northeast quarter of section 3, township 29, of range 30, and the northwest quarter of the southwest quarter and the west half of the northeast quarter of the southwest quarter of the southwest quarter of section 2, township 29, of range 30, and lots Nos. 10 and a, Wheeler's addition to the city of Carthage, and lot No. 87 in Thacker's Fourth audition to the city of Carthage, and lots Nos. 251 and 252 in the original town of Purcell; that at his death the said Charles S. Bishop left the defendant Rebecca S. Bishop as his widow and seven children as his heirs, one of whom was the defendant Loren L. Bishop; that the defendant Rebecca S. Bishop elected to take a child's part in the estate of Charles S. Bishop, deceased, and that the defendant Loren L. Bishop became and was entitled to an undivided oneeighth of the real estate held by the said Charles S. Bishop at his death; that the defendant Loren L. Bishop, for the purpose of defeating and defrauding the plaintiff herein out of any judgment that she might obtain in the above-mentioned action, on the 14th day of February, 1916, did execute and deliver a deed. of conveyance of that title whereby he conveyed to defendant Rebecca S. Bishop all of his interest in the above-described real estate as heir at law of Charles S. Bishop, deceased, which said deed recited a consideration of $1 and other valuable considerations, which said deed was duly recorded in the recorder's office of Jasper county, Mo., in Book 279, at page 247.

"The court further finds that the said Rebecca S. Bishop accepted and received said deed from said Loren L. Bishop with the full knowledge of the intention of the said Loren L. Bishop to defraud the plaintiff and defeat her collection of any judgment she might obtain against said Loren L. Bishop in the above-mentioned action, and for the purpose of assisting said Loren L. Bishop in so to do.

"The court further finds that on Abruary 15, 1916, the defendant Rebecca S. Bishop, together with all of the other heirs of Charles S. Bishop, deceased, except the defendant Loren L. Bishop, made, executed and delivered to James Elliott and his wife, Hannah Elliott, a warranty deed conveying said real estate, the east half of lot No. 3 of the northeast quarter of section 3, township 29, of range 30, and the northwest quarter of the southwest quarter and the west half of the northeast quarter of the southwest quarter of section 2, township 29, of range 30, at and for the price and sum of $7;500, which amount was by said James Elliott and Hannah Elliott, his wife, paid to the grantors therein; the defendant Rebecca S. Bishop receiving two-eighths of the purchase price.

"The court further finds that James Elliott and wife, Hannah L. Elliott, were innocent purchasers without any knowledge of the fraud in the above-described conveyance from defendant Loren L. Bishop to defendant Rebecca S. Bishop."

The defendant grantor in the deed attacked did not testify. The plaintiff testified that when she separated from him in 1910 he had 20-odd head of sheep, a team of mules, driving horses, a good buggy and wagon, a mule coming one year old, baled hay in the barn, 300 or 400 bushels of corn in crib, chickens, and 6 or 8 head of cattle; also a binder and sulkey plow and harrow and cultivator; also household and kitchen furniture.

The testimony showed without question that Harry L. Bishop, one of the brothers of defendant Loren L. Bishop, was the executor of his father's estate and transacted all the business connected with...