Bobb v. Bobb

• Decision Date: 10 February 1890
• Parties: BOBB et al. v. BOBB et al.
• Court: Missouri Supreme Court

12 S.W. 893

99 Mo. 578

BOBB et al. v. BOBB et al.

Supreme Court of Missouri.

February 10, 1890.

CREDITORS' BILL — ESTOPPEL.

B., who held land in trust for his father, conveyed it, at his father's request, in trust for his half-sister, who was about to be married, and for whom his father wished to make some provision. B. drew up the conveyance himself, and at his instance his sister gave a receipt for the value of the property, as an advance from her father; the receipt setting forth that the property had belonged to the father, and was conveyed at his request. B., when he made the deed, was conversant with his father's affairs and financial condition, and there was no evidence of fraud on his father's part in causing the conveyance to be made. Held, that he was estopped to attack the deed by a creditors' bill against the father.

Transferred from St. Louis court of appeals.

Hitchcock, Lubke & Player, for appellants. Jeff. Chandler and S. A. Young, for respondents.

SHERWOOD, J.

The purpose of this equitable proceeding, instituted in 1878, is to subject to sale, as the property of Charles Bobb, certain real estate in the city of St. Louis, to judgments recovered in 1878 against Charles Bobb; executions on such judgments having been returned nulla bona. The suits which resulted in the judgments aforesaid were instituted in 1869. Prior to February 8, 1865, Charles Bobb, the father of John Bobb, and of the other children, owned a certain piece of property in St. Louis, and was desirous of exchanging it with one Weaver, for a piece he had; and this was effected by Charles Bobb conveying his piece to Weaver, and the latter, his piece to John H. Bobb, for the use of his father. This was done for convenience of transfer. In 1865, Cora Bobb, the half-sister of John H. Bobb, was about to be married to her present husband, James K. Taylor, and her father, Charles Bobb, being desirous of advancing her such property, and of setting her up in the world, caused John H. Bobb to convey it to Jamison as trustee for his sister. At that time it was supposed that Cora was an equal beneficiary with the other children; but afterwards it was decided she was not. John H. Bobb drew the deed of conveyance himself; and it was at his instance that the following receipt was given: "$3,500.00. Saint Louis County. Received of Charles Bobb, as an advance, property to the amount and value of the sum of thirty-five hundred dollars, being the same property conveyed to Cora Taylor's trustee by John H. Bobb, by deed bearing date _____, and which said property in reality belonged to...