Perkins v. Meighan

• Decision Date: 07 February 1899
• Citation: 49 S.W. 498,147 Mo. 617
• Parties: PERKINS v. MEIGHAN et al.
• Court: Missouri Supreme Court

49 S.W. 498

147 Mo. 617

PERKINS v. MEIGHAN et al.

Supreme Court of Missouri, Division No. 2.

February 7, 1899.

FRAUDULENT CONVEYANCES — ACTIONS — EJECTMENT.

1. A. and B. entered into an agreement to purchase land, whereby A. was to furnish the price, and the land was to be afterwards sold, and the net profits divided up between the parties. A. testified that B. had no interest in the land, and there was no evidence that the taking of title to the land in B.'s name was with A.'s consent. Afterwards B. deeded an undivided one-half to A., and thereafter deeded the other half to A. Held, that B. had no interest in the land, and the latter deed would not be set aside as fraudulent as to his creditors.

2. A person claiming as purchaser at a sheriff's sale of an undivided half of land, which was claimed to have been conveyed by the debtor in fraud of creditors, must have the fraudulent conveyance set aside before he can recover in ejectment.

Appeal from circuit court, Greene county; James T. Neville, Judge.

Suit in equity by L. B. Perkins against John F. Meighan and Lizzie D. Nunn. From a decree for complainant, defendant Nunn appeals. Reversed.

This is a suit in equity to have set aside a warranty deed from defendant Meighan to his co-defendant, Lizzie D. Nunn, dated on the 4th day of December, 1893, for an undivided one-half of a tract of land in Greene county, and to have the title thereto vested in plaintiff. Some time prior to the 4th day of October, 1891, the defendants entered into a verbal agreement, by the terms of which Nunn was to furnish the money to purchase 80 acres of land thereafter to be sold at administrator's sale in said county, and, if purchased under this arrangement, it was again to be sold, and, after reimbursing her the amount of the purchase money, with interest, taxes, and cost, whatever balance there was, if any, was to be divided equally between them. The land was sold at an administrator's sale on the 4th day of October, 1891, when Meighan became the purchaser, at the sum of $400, and received the administrator's deed therefor, by which the land was conveyed to him. The purchase money was furnished by Nunn. On October 14, 1891, Meighan conveyed to Nunn an undivided half interest in the land, and on the 4th day of December, 1893, he conveyed the other undivided half interest to her. It is this last deed which is sought to be set aside, upon the alleged ground that it was made without consideration and in fraud of the creditors of Meighan. No consideration passed for the deed. On December 5, 1894, one day after Meighan had executed the last deed, plaintiff obtained judgment in the circuit court of Greene county against him, upon which an execution was duly issued, levied upon, and all the interest of Meighan in the land in question sold, at which sale plaintiff...