Mason v. Perkins

• Decision Date: 17 March 1904
• Citation: 180 Mo. 702,79 S.W. 683
• Parties: MASON v. PERKINS.
• Court: Missouri Supreme Court

79 S.W. 683

180 Mo. 702

MASON v. PERKINS.

Supreme Court of Missouri, Division No. 1.

March 17, 1904.

FRAUDULENT CONVEYANCES — JUDGMENT DEBTORS — DISCHARGE IN BANKRUPTCY — CLAIMS INCLUDED — JUDGMENTS — EXECUTION SALE—SHERIFF'S DEED—REGISTRATION —RETURN ON EXECUTION—CONCLUSIVENESS —FRAUD—EVIDENCE—SUFFICIENCY.

1. Under the national bankrupt act (Act July 1, 1898, c. 541, § 17, par. 2, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428]), expressly declaring that a discharge in bankruptcy shall release a bankrupt from all his provable debts, except, among others, judgments for willful and malicious injuries to the person or property of another, a judgment against a defendant in an action for malicious prosecution is not affected by his subsequent discharge under said act.

2. Where plaintiff claimed land under a purchase at an execution sale, and defendant claimed under a deed from the execution debtor, the rights of the parties became fixed by the delivery to them of their respective deeds and the recording of defendant's deed, so that they

were unaffected by subsequent bankruptcy proceedings in which the debtor was discharged.

3. A clerical error in the date of the record of a sheriff's deed of land, made on an execution sale, was immaterial as against the execution debtor and all others except innocent purchasers, as the deed, when delivered, related back to its execution.

4. A sheriff's return on an execution that the price of land sold thereunder has been paid was conclusive in an action between the purchaser at the execution sale and one claiming under a deed from the execution debtor.

5. A son returned home on a visit three days before the trial of an action against his father, and on the day of his return the father conveyed all his land to the son in alleged consideration for services rendered three years before. On the day of the trial the father sent his son a telegram, saying that his mother was well, when she had not been ill, and the son immediately placed the deed on record. Judgment was rendered against the father, and he subsequently secured a discharge in bankruptcy proceedings, in which the only debts he scheduled were the judgment and one other small claim, which he afterwards paid, saying that he had got rid of the judgment, and was on his way to the collector's office "to pay my taxes." On trial of a suit by a purchaser on an execution sale on the judgment against the father to set aside the deed to the son the son did not testify in his own behalf. Held, that the deed should be set aside as in fraud of plaintiff.

Appeal from Circuit Court, Greene County; Jas. T. Neville, Judge.

Bill by Val Mason against James A. Perkins to set aside an alleged fraudulent conveyance of land. From a decree for plaintiff, defendant appeals. Affirmed.

J. A. Moon, for appellant. O. T. Hamlin, for respondent.

MARSHALL, J.

This is a proceeding under section 650, Rev. St. 1899, to determine the interests of the parties to the east half of the northeast quarter of section 29, township 30, range 20, in Greene county. The circuit court decreed the title to the plaintiff, and the defendant appealed.

The facts are these: Both parties claim title under L. B. Perkins, the father of the defendant. The plaintiff claims title by a conveyance from O. T. Hamlin, who purchased the property at a sheriff's sale thereof under an execution based upon a judgment for $500 in favor of Mellie Vandiver and against L. B. Perkins, rendered by the circuit court of Polk county on April 18, 1900, in an action for damages for malicious prosecution of said Mellie Vandiver by said L. B. Perkins; and the defendant claims title by virtue of a deed to him from his father, L. B. Perkins, and his wife, dated April 14 and recorded April 17, 1900. The judgment under which the plaintiff claims was rendered on April 18, 1900, and the deed under which the defendant claims was dated April 14, 1900, and the execution was levied on April 19, and the deed was recorded on April 17, 1900. The plaintiff claims that the deed to the defendant was voluntary, and made for the purpose of hindering, delaying, and defrauding the creditors of the grantor, and especially said Mellie Vandiver. On the other hand, the defendant claims that the deed to him from his parents was made as a preference, and to pay him for seven years' services he rendered to his father after he attained his majority. The defendant claims that at the sale under the execution on July 20, 1900, O. T. Hamlin became the purchaser of the property for $100, but that he refused to pay the purchase price, and no deed was then made to him, and that thereafter, on September 4, 1900, L. B. Perkins was adjudged a voluntary bankrupt by the United States District Court, and that the judgment in favor of Mellie Vandiver was proved up and allowed against his estate, and that he was afterwards finally discharged in bankruptcy by the court, in consequence of which he was released from said judgment, and hence it cannot be enforced against this land; and, further, that the sheriff's deed to Hamlin was dated February 25, 1901, and was without consideration, and is of no effect. On the other hand, the...