First Nat. Bank v. Wilson
Decision Date | 02 June 1920 |
Docket Number | No. 20584.,20584. |
Citation | 222 S.W. 381 |
Parties | FIRST NAT. BANK OF MONETT v. WILSON et al. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Greene County; Arch A. Johnson, Judge.
Suit by the First National Bank of Monett against E. S. Wilson and another. Decree for defendants, new trial denied, and plaintiff, appeals. Reversed, with directions.
D. S. Mayhew, of Monett, for appellant.
W. Cloud, of Pierce City, and E. L. Burton, of Parsons, Kan., for respondent R. C. Wilson.
I. This is a suit to quiet title to and for possession of certain lands and lots in Barry county. It was commenced in Barry county and taken by change of venue to Greene county. The petition is in the usual general form, and concludes with the statutory prayer and for possession. Defendant E. S. Wilson made no defense, but defendant R. C. Wilson filed answer containing general denial, except that he was in possession, and claimed to be and was the owner of said real estate. The answer proceeds:
The reply specifically denied ownership of the property by defendant R. C. Wilson; admitted that on June 22, 1910, E. S. Wilson( and wife made a deed to said R. C. Wilson purporting to convey their interest in the property to said R. C. Wilson, but alleged that at the time said deed was made said E. S. Wilson was indebted in the sum of about $7,000, of which $4,500 was due plaintiff, and that said deed was made and accepted for nominal consideration, and for the purpose of defrauding the creditors of said E. S. Wilson, including the plaintiff; that at the time said property was worth $14,000, and that ever since said conveyance said E. S. Wilson has remained in possession and exercised authority of ownership and enjoyed the rents and profits of the property; that at, or about, the same time said E. S. Wilson conveyed other property belonging to him to other persons to defraud his creditors, of which he continued in possession, etc.
The cause was tried before the court sitting as a jury. No instructions nor declarations of law were asked or given. Rut, at the request of plaintiff, the court made the following findings of fact:
There was evidence tending to support the finding of facts. There was an agreed statement of facts,...
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