Emory v. Joice

• Decision Date: 31 October 1879
• Citation: 70 Mo. 537
• Parties: EMORY et al., Appellants, v. JOICE.
• Court: Missouri Supreme Court

70 Mo. 537

EMORY et al., Appellants,

v.JOICE.

Supreme Court of Missouri.

October Term, 1879.

Appeal from Phelps Circuit Court.--HON. V. B. HILL, Judge.

REVERSED.

L. F. Parker for appellants.

HOUGH, J.

This cause was heard upon a supplemental petition which states that on the 5th day of August, 1873, the National Bank of Rolla recovered a judgment against Wm. Joice, G. W. Brown and Leftridge Joice, in the circuit court of Phelps county, for the sum of $1,095.14, which was bought by and duly assigned to the plaintiff; that on the 26th day of August, 1873, E. T. Merrick and W. W. Stickney recovered a judgment against Wm. Joice and Peter Christie for $90 in the circuit court of Phelps county, on which judgment, on the 19th day of January, 1876, an execution issued, under which the sheriff seized and sold, as the property of said Wm. Joice and Peter Christie, the real estate in controversy. The petition further states that at said sale C. C. Bland became the purchaser of said real estate for the use and benefit of the defendant, Leftridge Joice, and paid for the same with money belonging to and furnished by the said Joice for that purpose, and received a deed therefor; that said Joice then was and ever since has been insolvent, and that he procured the said Bland to buy said land and take a deed therefor in his own name, for the purpose of cheating and defrauding his creditors, of which purpose said Bland was cognizant; that in furtherance of said design, the said Bland, on the 14th day of February, 1876, at the request of said Leftridge Joice, executed and delivered to the defendant Nicey L. Joice, wife of the defendant Wm. Joice, a quit claim deed of said property; that said deed was wholly voluntary, without consideration and void; that said deed has been recorded, and the said Nicey L. Joice is, with her husband, Wm. Joice, in possession of the land thereby conveyed, claiming title to the same; that on the 12th day of May, 1876, an execution issued in favor of the National Bank of Rolla and against said Wm. Joice, G. W. Brown and Leftridge Joice, under which the property aforesaid was seized and sold as the property of Leftridge Joice, and the plaintiffs became the purchasers and received a deed therefor. The plaintiffs prayed that the deed from Bland to Nicey L. Joice be canceled, that each of the defendants be divested of all right, title and interest in said real estate, that plaintiffs be invested with the same and that the defendants Nicey L. Joice and Wm. Joice be required to deliver possession of said real estate to the plaintiffs, and for general relief.

The original petition was filed before the property was sold and purchased by the plaintiffs, under the judgment in favor of the bank, and prayed for...