Gibson v. Ransdell, No. 39341.

CourtMissouri Supreme Court
Writing for the CourtDalton
Citation188 S.W.2d 35
PartiesGIBSON v. RANSDELL.
Decision Date04 June 1945
Docket NumberNo. 39341.
188 S.W.2d 35
GIBSON
v.
RANSDELL.
No. 39341.
Supreme Court of Missouri, Division No. 1.
June 4, 1945.

Appeal from Circuit Court, Clinton County; R. B. Bridgeman, Judge.

Action by Ellen Gibson against Mattie S. Ransdell to set aside conveyances of realty and to establish a lien for amount of plaintiff's claim as a creditor. From a judgment for defendant after court sustained a demurrer to plaintiff's amended petition, plaintiff appeals.

Judgment reversed and cause remanded.

John D. McNeely, of St. Joseph, and R. H. Musser, of Plattsburg, for appellant.

A. R. Alexander, of Plattsburg, for respondent.

DALTON, Commissioner.


Action in equity to set aside certain conveyances of described real estate in Gower, Clinton County, on the ground that the conveyances were fraudulent and void as to plaintiff, a creditor, and to establish a lien for the amount of plaintiff's claim. The court sustained a demurrer to plaintiff's

188 S.W.2d 36

second amended petition, plaintiff refused to plead further and the court, thereupon dismissed the cause and entered judgment for defendant. Plaintiff has appealed.

The second amended petition alleged that on January 31, 1920 (for the purchase of a hardware stock), Henry C. Ransdell and J. B. Matthews made, executed and delivered to L. R. Jackson their promissory note of that date in the sum of $10,364.86, "for value received, due six months after date and to bear interest at the rate of 6% per annum"; that on January 31, 1920, L. R. Jackson assigned the said note to plaintiff; that J. B. Matthews died and Henry C. Ransdell "continued the business" and made payments of principal and interest on the note to May 4, 1940; that the balance due on the note at the time of filing the petition was $4,806.30; that, on April 14, 1923 (after the execution of the said note), Henry C. Ransdell became the owner of the described real estate; that, on December 17, 1931, the said real estate was of the value of $6,000; that on said date Henry C. Ransdell and Mattie S. Ransdell, his wife, executed a warranty deed conveying the described real estate to Elisha S. Horn for the express consideration of $6,000; that the consideration was not paid; that Elisha S. Horn, a single man, on December 17, 1931, conveyed the described real estate to Henry C. Ransdell and Mattie S. Ransdell, as husband and wife; that both conveyances were duly recorded in the office of the recorder of deeds of Clinton County on December 17, 1931; that plaintiff, a resident of Andrew County, Missouri, was aged and infirm in health and was not informed of the said conveyances until after the death of Henry C. Ransdell on July 6, 1942; that Henry C. Ransdell "left no personal estate" and "left no property subject or sufficient to pay the indebtedness of plaintiff, unless the legal status of said described real estate be restored to the condition it was in on December 17, 1931"; "that, at the time of making said conveyances, it was the purpose of the said Henry C. Ransdell and defendant Mattie S. Ransdell to unlawfully and fraudulently defeat and defraud * * * plaintiff of the rightful payment of the indebtedness due to her by the said Henry C. Ransdell, in the event of his death, prior to the death of said Henry C. Ransdell (sic); * * * that said fraud could not be fully consummated until the occurrence of the death of the said Henry C. Ransdell prior to the death of defendant; and that she (plaintiff) was without remedy as against the said Henry C. Ransdell, unless the said Henry C. Ransdell survived the defendant Mattie S. Ransdell."

It was further alleged that, "without the aid and judgment of the conscience" of the court, plaintiff was without remedy. She prayed the court to cancel, annul and set aside the said conveyances and to divest the title from the defendant to the extent of plaintiff's indebtedness, and without any right of inheritance and sale by defendant. She further asked that plaintiff's debt be adjudged a lien and a charge against the described real estate and "for all other decrees, orders and judgments proper in the premises and for costs."

The abstract of the record does not disclose the date of the institution of the action, but respondent states that the original petition was filed on the 9th day of June 1943; that the second amended petition was filed on April 3, 1944; and that on the following day the demurrer was filed. The demurrer was upon the ground that the second amended petition "did not state facts sufficient to constitute a cause of action in this, that it appears upon the face of said petition that the plaintiff's cause of action, if any she has, accrued more than ten years before the commencement of this suit, and has become completely barred by the statute of limitations as set forth in Article 9, Chapter 6, Revised Statutes of Missouri, 1939, and particularly the third clause of Section 1013 thereof."

Appellant assigns error on the court's action in sustaining the demurrer and contends that appellant's cause of action did not accrue until after the death of Henry C. Ransdell on July 6, 1942; and that the statute of limitations did not begin to run until...

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16 practice notes
  • State of Missouri v. Wells, et al., No. 20902.
    • United States
    • Missouri Court of Appeals
    • February 9, 1948
    ...for the fund. When they obtained the fund they became trustees. Christiansen v. Christiansen, 14 Fed. 2d 477. Gibson v. Ransdell, 188 S.W. 2d 35. Knisely v. Leathe, 256 Mo. 341, 166 S.W. 257. Murphy v. de France, 105 Mo. 53. Christiansen v. Christiansen, 14 Fed. 2d 477. Woerner on Administr......
  • Buchanan v. Cabiness, No. 21085.
    • United States
    • Court of Appeal of Missouri (US)
    • June 13, 1949
    ...Article VIII, Charter of Kansas City, Missouri; Spitcaufsky v. Hatten, 353 Mo. 94, 182 S.W. 2d 86, 104; Gibson v. Randsell, (Mo. Sup.) 188 S.W. 2d 35, 36, 37, 38; American Radiator Co. v. Connor Plumbing & Heating Co., 277 Mo. 548, 211 S.W. 56, 57; Knisely v. Leathe, 256 Mo. 341, 166 S.W. 2......
  • Transamerica Ins. Co. v. Trout, No. 1
    • United States
    • Court of Appeals of Arizona
    • January 31, 1985
    ...injury action pending, defendant transferred his separate property to himself and wife as community property); Gibson v. Ransdell, 188 S.W.2d 35 (Mo.1945) (transfer by husband to himself and wife as tenants by the entirety, leaving him without any assets to satisfy his separate obligations)......
  • Randall v. St. Albans Farms, Inc., No. 48116
    • United States
    • Missouri Supreme Court
    • April 10, 1961
    ...with their allegations and upon the same theory upon which they were presented and ruled in the trial court. Gibson v. Ransdell, Mo.Sup., 188 S.W.2d 35, 38(6, Respondents also insist that 'the court properly sustained the motion to dismiss appellant's petition as to the three executors sinc......
  • Request a trial to view additional results
16 cases
  • State of Missouri v. Wells, et al., No. 20902.
    • United States
    • Missouri Court of Appeals
    • February 9, 1948
    ...for the fund. When they obtained the fund they became trustees. Christiansen v. Christiansen, 14 Fed. 2d 477. Gibson v. Ransdell, 188 S.W. 2d 35. Knisely v. Leathe, 256 Mo. 341, 166 S.W. 257. Murphy v. de France, 105 Mo. 53. Christiansen v. Christiansen, 14 Fed. 2d 477. Woerner on Administr......
  • Buchanan v. Cabiness, No. 21085.
    • United States
    • Court of Appeal of Missouri (US)
    • June 13, 1949
    ...Article VIII, Charter of Kansas City, Missouri; Spitcaufsky v. Hatten, 353 Mo. 94, 182 S.W. 2d 86, 104; Gibson v. Randsell, (Mo. Sup.) 188 S.W. 2d 35, 36, 37, 38; American Radiator Co. v. Connor Plumbing & Heating Co., 277 Mo. 548, 211 S.W. 56, 57; Knisely v. Leathe, 256 Mo. 341, 166 S.W. 2......
  • Transamerica Ins. Co. v. Trout, No. 1
    • United States
    • Court of Appeals of Arizona
    • January 31, 1985
    ...injury action pending, defendant transferred his separate property to himself and wife as community property); Gibson v. Ransdell, 188 S.W.2d 35 (Mo.1945) (transfer by husband to himself and wife as tenants by the entirety, leaving him without any assets to satisfy his separate obligations)......
  • Randall v. St. Albans Farms, Inc., No. 48116
    • United States
    • Missouri Supreme Court
    • April 10, 1961
    ...with their allegations and upon the same theory upon which they were presented and ruled in the trial court. Gibson v. Ransdell, Mo.Sup., 188 S.W.2d 35, 38(6, Respondents also insist that 'the court properly sustained the motion to dismiss appellant's petition as to the three executors sinc......
  • Request a trial to view additional results

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