McIntosh v. Smiley

• Decision Date: 07 December 1891
• Citation: 17 S.W. 979,107 Mo. 377
• Parties: McINTOSH v. SMILEY.
• Court: Missouri Supreme Court

17 S.W. 979

107 Mo. 377

McINTOSH v. SMILEY.

Supreme Court of Missouri, Division No. 1.

December 7, 1891.

FRAUDULENT CONVEYANCES — CHANGE OF POSSESSION — RIGHTS OF EXISTING CREDITORS.

A bona fide sale of chattels is valid as to an existing creditor, and the goods are not subject to attachment by him in the hands of the purchaser, although the change of possession was not made within a reasonable time, as required by Rev. St. 1879, § 2505.

Appeal from circuit court, Buchanan county; O. M. SPENCER, Judge.

Action commenced by attachment by George W. McIntosh against William Smiley. Case certified from the Kansas City court of appeals. Affirmed.

Jas. W. Boyd, for appellant. Casteel & Haynes, for respondent.

BRACE, J.

This case is certified here from the Kansas City court of appeals, as being in conflict with previous decisions rendered by the St. Louis court of appeals. It is reported in 32 Mo. App. 125. The conclusion reached by the Kansas City court of appeals in this case, that a bona fide sale of goods and chattels, the possession of which is not taken within a reasonable time after the sale, within the meaning of section 2505, Rev. St. 1879, is not void, as to an existing creditor at the time of the sale, if, before the institution of an attachment suit by such creditor, the vendee takes and retains actual, continuous possession of the property, and remains in possession thereof at the time of the levy of the writ in such suit upon such property, meets with our approval. The precise question, under that section of the statute, has not hitherto been passed upon by this court, but the decision of the court of appeals finds support in the rulings of this court in the following cases: Dobyns v. Meyer, 95 Mo. 132, 8 S. W. Rep. 251; Petring v. Chrisler, 90 Mo. 650, 3 S. W. Rep. 405. The judgment of the Kansas City court of appeals is affirmed. All concur.