Jordan v. Buschmeyer

• Decision Date: 04 February 1889
• Citation: 10 S.W. 616,97 Mo. 94
• Parties: JORDAN v. BUSCHMEYER et al.
• Court: Missouri Supreme Court

10 S.W. 616

97 Mo. 94

JORDAN v. BUSCHMEYER et al.

Supreme Court of Missouri.

February 4, 1889.

1. FRAUDULENT CONVEYANCES — ACTION TO SET ASIDE — PLEADING.

A petition in an action to set aside a conveyance to a wife of land by her husband, as made with intent to defraud creditors, need not aver actual fraud on the part of the wife; such a conveyance of property, obtained with her husband's means, being constructively fraudulent.

2. SAME — ANSWER — REPLICATION.

An answer to such a petition, alleging that the land was purchased with the separate estate of the wife, amounts only to a denial of the petition in that particular, and needs no replication.

3. SAME — VERDICT — DECREE.

On such petition and answer, if justified by the evidence, a decree for the relief prayed may be rendered on a general finding that plaintiff is entitled to the relief sought.

Error to circuit court, Gasconade county; A. J. SEAY, Judge.

This suit was brought by Michael Jordan, defendant in error, against the plaintiffs in error, for the purpose of divesting plaintiff in error Caroline Buschmeyer from the title to 120 acres of land in Gasconade county, and for general relief.

The petition alleges that in July, 1880, Henry Schuch owned the land described, and conveyed it to plaintiff in error Caroline Buschmeyer, for $1,150; that Caroline was the wife of Henry L. Buschmeyer, (also a defendant;) that, at the time of the said conveyance, Henry L. Buschmeyer owed Jordan $300;

that, on the day say said conveyance was made, Henry Buschmeyer obtained from Jordan $50, upon the representation that he (Henry) was about to buy said land from Schuch, and that said $50 was to be paid as a part of the purchase price of said land; that said Henry L. paid a further sum of $100, and that for the balance of the purchase money plaintiffs in error executed to said Schuch a mortgage for $1,000 on said land, which mortgage has since been paid by Henry Buschmeyer; that afterwards, in 1884, Jordan obtained judgment against Henry L. Buschmeyer for $425, (which judgment included said sums of $300 and $50,) and that the sheriff sold said land under said judgment, and Jordan became purchaser at sheriff's sale; that plaintiffs in error had fraudulently procured the deed from Schuch to be executed in the name of Caroline Buschmeyer for the purpose of defrauding the creditors of Henry L. Buschmeyer, and particularly Jordan; that, in fact, Henry L. Buschmeyer became the equitable owner of the land...