King v. Richardson

• Decision Date: 27 May 1902
• Citation: 68 S.W. 752,94 Mo. App. 670
• Parties: KING v. RICHARDSON et al.
• Court: Missouri Court of Appeals

68 S.W. 752

94 Mo. App. 670

KING v. RICHARDSON et al.

Court of Appeals at St. Louis, Missouri.

May 27, 1902.

FRAUDULENT CONVEYANCE — ACTION TO SET ASIDE — BURDEN OF PROOF.

A father died leaving property supposed to have descended to his four children, and one of them executed a deed of trust as to his interest. Afterwards the father's administrator, by order of court, sold the property to R. to pay decedent's debts. Thereafter a will was discovered whereby the father devised the property to his wife, who had since deceased. The father's administrator thereafter qualified as administrator of the wife, and, as administrator for the father, paid to himself, as administrator for the wife, the proceeds of the sale. Of this sum the child executing the trust deed was entitled to one-fourth as heir of his mother. The administrator of the trustee thereupon sued to have an equitable lien declared on the son's share because of the trust deed. After the administration sale all the heirs joined in a deed to R. The trustee's petition charged that this conveyance was fraudulent and collusive, and that R. had full knowledge of the deed of trust at the time. Held, that the burden was on plaintiff to prove the fraud, though he might have merely set out the facts entitling him to an equitable lien, in which event R. would have had to plead and prove a purchase without knowledge of plaintiff's rights.

Appeal from St. Louis circuit court; Franklin Ferris, Judge.

Action by John A. King against Wm. C. Richardson and others. Judgment for defendants, and plaintiff appeals. Affirmed.

George Mueller, one of the defendants, is the son of Johan and Barbara Mueller, both now deceased. Said George Mueller on the 25th day of February, 1896, made a promissory note to John C. King for $200, payable one year after date, and at the same time executed to John A. King, as trustee for John C. King, a deed of trust on an undivided one-fourth interest in a lot in the city of St. Louis to secure said note, which deed of trust was not put to record until the 25th day of May, 1897. The lot was supposed to have descended to the four children of Johan Mueller from their father, who died in 1894. The defendant William C. Richardson took charge of the estate of Johan Mueller as public administrator. In March, 1897, he petitioned the probate court for an order to sell said lot to pay the debts of Johan Mueller's estate, which was granted, the lot sold to either Theodore or Emma Remmers in June of that year, the sale approved at the succeeding term of the probate court, and a deed made by the administrator to the purchaser. The consideration paid was $2,000. This sale was made about a year after George Mueller had mortgaged his interest to secure the note to John C. King, and after both those transactions a will was found by which Johan Mueller had devised the lot in question, as well as all his other property, to his wife, Barbara, who died prior to the sale to Mrs. Remmers. Richardson then qualified as administrator of the estate of Barbara Mueller, and turned over the proceeds of the sale of the land, which amounted, after deducting expenses and debts, to about $1,700, from himself as administrator of the estate of Johan Mueller to himself as administrator of the estate of Barbara Mueller. Of this sum George Mueller is entitled to one-fourth as heir of his mother, and the present action was instituted to have an equitable lien declared on it because of the deed of trust which said George Mueller executed on an undivided one-fourth interest in the lot to secure the promissory note aforesaid, at a time when he supposed he could incumber his interest in said lot. The suit is brought by John C. King, the payee of the note, — not in that capacity, however, but as administrator of the estate of John A. King, the trustee in the deed of trust, who seems to have acquired the note prior to his death. The deed from the administrator, Richardson, conveying Johan Mueller's interest in the land to the purchaser at the administration sale, is not contained in the record; and it is uncertain whether...