Major v. Hill

• Citation: 13 Mo. 247
• Parties: DAVID W. MAJOR v. WESLEY HILL ET AL.
• Decision Date: 31 March 1850
• Court: United States State Supreme Court of Missouri

13 Mo. 247

DAVID W. MAJOR

v.WESLEY HILL ET AL.

Supreme Court of Missouri.

March Term, 1850.

APPEAL FROM MONROE CIRCUIT COURT.

The appellant, on 8th of October, 1842, filed in the Monroe Circuit Court, his bill in chancery against the appellees, and charged in substance as follows: That on the 12th of March, 1841, he had recovered a judgment in the Monroe Circuit against William Haines for the sum of $695 61 with costs. That on the 8th of April, 1842, judgments were entered before a justice of the peace of the county, in favor of various creditors of Haines, to the amount of $420. That in the night of that day, in secret and in confederacy with Wesley Hill, Haines conveyed in trust five negroes, horses, jennies and oxen, to Wesley Hill and nine others, to pay certain debts therein specified, in order to hinder execution, and delay those creditors in collecting their debts; and that Hill proceeded before the execution of the deed to collect the property, and run it out of the county in the night, to prevent any levies of execution; and Haines delivered the instrument to the clerk in secret, and in the night-time, and without the knowledge of all parties concerned, except said Hill. The complainant, on the 11th of April, 1842, sued out execution on his judgment, by which he made $400 of his debt out of real-estate of Haines, and Haines having no other property but that contained in said deed to Hill and others, he failed to satisfy his debt. That executions on the judgments had before the justice, were promptly levied on two of the negroes in the deed, and two horses, and were sold by the officer, and purchased by the grantees of the fraudulent deed by their agent, having depreciated the sale by forbidding it, setting up their adverse claims, and threatening suits against the purchasers, making a fraudulent speculation in it. That the grantees subsequently sold the property thus acquired, and the other property in the trust deed; your orator setting up a claim to be satisfied his execution, and giving notice thereof; that the whole of said property was worth $2,200. He charges the debt secured by the deed fictitious and pretended, and where otherwise is incorrectly represented and overstated; that the deed is void in fact and law as to his claim, and unknown and unaccepted, until he had asserted his claim by execution. He makes the parties in the deed, and purchasers of the property parties, calls for answers and relief.

The answers of the defendants admit the deed of conveyance of the trust property, by Haines to them of his property, and of his having none other to pay complainant's debt, after the sale of the land, admit his judgment and the judgments by other creditors named; admit th possession by them, and sale of the property by them for their use under the deed; and admit an application of $160 to a debt of one of the defendants, Thomas Miller, not secured in the deed. They allege that the debts secured by the deed were real bona fide debts; that the deed was made and delivered to the clerk, and its after acceptance as legal and valid; that all sales made were fairly made and at full prices for the property. That there was no combination to procure the contracts or secure the property, and no fraudulent intent against complainant as a creditor or any other, but the intent of the maker was honest and bona fide, and they accepted in good faith to pay their honest debts upon application. The cause was heard, and upon a decree made dismissing complainant's bill, and the complainant filing his bill of exceptions confirming the evidence, on hearing which was allowed, appealed to the Supreme Court to reverse the decree of dismissal.

The complainant gave evidence of the suit by him against Haines, in which he obtained judgment of the deed of record of 8th April, 1842, by which he conveyed to outstanding creditors all his personal property subject to debts; also of seven judgments obtained before justices of the peace on 8th of April, 1842, of about $378 90, also of judgments of the 9th of April in favor of two creditors to amount of $33 52, also on the 15th another judgment amount of $8 00, before justices, against the debtor, Haines. That Haines appeared personally before the justice on the 8th of April, and left the court before the judgments were all entered and executions issued, that the justice finished the executions and delivered them to the officer at one o'clock in the night of that day. All these executions of the 8th, 9th and 15th, were returned satisfied on the 27th of April. It was proven by two witnesses that Haines had stated to them, that complainant was a generous creditor, and that the money due him was for a loan of money at ten per cent. interest. It was proven that the same officer had, on the 8th, two executions from a justice's court for about $57 against Haines, and called on Haines, and Wesley Hill being present, and requested of Haines a list of property to levy them on. He promised to do so, and starting off with Hill, said he would soon return back to do it. He not returning, the officer went in search of him, and found him and Hill, in Mr. Sargeant's law office in Paris, where Sargeant was writing. The doors were locked, and the windows blinded, and I left them at eleven o'clock at night. The creditors then required of the officer to go to Haines' house, two miles from Paris; and the officer was informed that Wesley Hill had gone towards Haines'. He proceeded to Haines' in the night, and found the negroes and horses taken and carried away. It was proven that Hill left Paris by Haines' direction, before the deed was closed; that he proceeded to Haines', took all the negroes and two horses, and carried them over in the night-time to Audrain county to a Mr. Perry's, where he left them. Haines living in Monroe county, some three miles off; that Perry lived in a sparsely settled country, and the road difficult to find, a south course from Haines', and Hill lived in Monroe county, eleven miles northeast from Haines'. The officer had obtained all the executions on the judgment of the 8th, and with those two of elder date he went late at night from Paris to Haines'. after the property. In the morning he made pursuit of Hill with the property, and meeting Hill on the way returning from Perry's, ascertained that he had taken them, and he claimed them under the deed from Haines. The constable proceeded, and seized two...