Dunnica v. Coy

• Decision Date: 31 January 1857
• Citation: 24 Mo. 167
• Parties: DUNNICA, Plaintiff in Error, v. COY et al., Defendants in Error.
• Court: Missouri Supreme Court

24 Mo. 167

DUNNICA, Plaintiff in Error,

v.COY et al., Defendants in Error.

Supreme Court of Missouri.

January Term, 1857.

1. Where a party purchasing land causes the legal title to be placed in a third person with a view to defraud his creditors, there will be a resulting trust to himself for the benefit of such creditors, and this interest may be seized and sold on execution under a judgment against him in favor of one of those creditors; and the purchaser may then, in a proceeding instituted for that purpose, and upon proving the alleged fraud, have a decree vesting the legal title in himself, and for the possession of the land, and an account of the rents that may have accrued since his purchase.

2. Before, however, he can become entitled to such relief, the title acquired by him at the execution sale must be perfected by the execution of the sheriff's deed.

Error to Chariton Circuit Court.

Demurrer to a petition. John Coy, Elizabeth Coy, Collins Coy and John Prewitt were defendants. Plaintiff set forth in his petition substantially that John Coy, being indebted to him, afterwards became entitled to an interest in certain slaves and other personal property as one of the children of Frances Coy, deceased; that at this time he was insolvent; that for the purpose of defrauding, hindering and delaying his creditors, he sold the interest in the slaves, etc., to his brother, Collins Coy; that Collins Coy as a part or whole consideration for this sale, sold to said John Coy certain described tracts of land; that the title bond for said tracts of land was made to Prewitt in trust for Elizabeth Coy and her minor children; that Prewitt accepted the trust, well knowing that the consideration passed from John Coy, and that the same was made for the purpose of defrauding the creditors of John Coy; that this agreement was entered into by defendants by a fraudulent combination and collusion in order to defraud the creditors of John Coy; that he (plaintiff) obtained a judgment for his debt; that an execution was issued thereunder and the above mentioned real estate sold as the property of Coy; that plaintiff became the purchaser at the sheriff's sale. Plaintiff prays the court to set aside the pretended contract to Prewitt; that Collins Coy be compelled to convey the land to plaintiff; that John Coy be decreed to give the possession to plaintiff; also that he have judgment against John Coy for the sum of forty dollars per year for the use and occupation of said land from the date of the sale, etc.

A demur...