Potter v. McDowell
Decision Date | 31 October 1860 |
Citation | 31 Mo. 62 |
Parties | POTTER et al., Appellants, v. MCDOWELL, Respondent. |
Court | Missouri Supreme Court |
1. To avoid a deed on the ground that it operates to hinder and delay the creditors of the grantor therein, it is not necessary to show that the act of the grantor therein is corruptly fraudulent; if the deed is voluntary and hinders and delays creditors, it is fraudulent in law, irrespective of the motives of the grantor.
2. A husband can not, to the prejudice of his creditors, settle on his wife, without a valuable consideration, property that may have come to him by means of the marriage.
3. Where the invalidity of the deed, as being fraudulent and void as to creditors, rests upon extrinsic facts, it is a question, under proper instructions, for the jury.
4. A deed of trust made to secure an indebtedness due from the grantor is not rendered void by the fact that time is given within which to execute the trust, provided the time is not unreasonable; what is a reasonable time must depend upon the character of the property and the circumstances of the case.
5. To make a voluntary deed fraudulent and void as to existing creditors, it is not necessary that the assignor should have been insolvent at the time of its execution. If a debtor is in embarrassed circumstances, and makes a voluntary conveyance, and is afterwards unable to meet his debts, owing at the time of the assignment, in the ordinary course prescribed by law for their collection, or is reduced to such a condition that an execution against him would be unavailing, such conveyance is void as to those debts, and the property conveyed is subject to their payment.
6. Declarations made by a grantor at the time of the execution of a deed of assignment are admissible in evidence as a part of the res gestæ, on an issue raised as to the validity of the deed on the ground of its hindering and delaying creditors.
Appeal from St. Louis Circuit Court.
This was a suit by attachment brought by John C. Potter and others against John McDowell. The petition was filed April 7, 1858. The attachment was on the ground that the defendant had “fraudulently conveyed or assigned his property or effects so as to hinder and delay his creditors.” Certain lots, seven in number, on St. Ange avenue, in St. Louis, an undivided fifth part of a farm known as the Stevens farm, and other real estate, besides personal property, shares of stock, &c., were attached. A. J. L. Stevens was summoned as garnishee.
By deed dated October 14, 1857, McDowell and wife conveyed seven lots on St. Ange avenue, St. Louis, to said A. J. L. Stevens in trust for the sole and separate use of Mrs. McDowell. The consideration mentioned is five thousand dollars. By two other deeds of the same date said McDowell and wife conveyed an undivided interest of one-fifth in certain lands, including a farm known as Stevens' farm; also certain negroes, to said A. J. L. Stevens in trust for the sole and separate use of Mrs. McDowell. The St. Ange lots were owned by Mr. McDowell. The one-fifth interest in the other real estate came to said Mrs. McDowell as one of five heirs of _______ Stevens, deceased. The negroes came to McDowell in right of his wife. On February 25, 1858, McDowell and wife conveyed household furniture to secure a note to A. J. L. Stevens for $4,606.43, payable one day after date, dated February 19, 1858. On March 31, 1858, McDowell and wife conveyed to Stevens, in consideration of $8,900, the slaves and one-fifth of Stevens' farm previously conveyed; also the St. Ange property for an expressed consideration of $25,000. Five notes for five thousand dollars each were given by Stevens for the St. Ange property, and a deed of trust given by him to secure them. Stevens, sworn on behalf of plaintiff as a witness, was asked, on cross-examination, the following question: “Did you purchase your interest in the farm and house in good faith?” The defendant answered, against the objection of the plaintiff: “Yes, I purchased them in good faith; it was on my part, and, I think, on McDowell's also.” Much testimony was adduced to show the embarrassed circumstances of McDowell in October, 1857, and subsequently, and the circumstances attending the execution of the deeds set forth above, and the considerations therefor.
The court, on the motion of the plaintiffs, gave the following instructions:
The court, of its own motion, gave the following instructions:
The court, at the instance of the defendant, instructed as follows: ...
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Macdonald v. Rumer
...Lionberger v. Baker, 88 Mo. 447; Bohannon v. Combs, 79 Mo. 305; Payne v. Stanton, 59 Mo. 158; Patten v. Casey, 57 Mo. 118; Potter v. McDowell, 31 Mo. 62; U.S. Trust Co. v. Sedgwick, 97 U.S. 304. (4) Where a voluntary conveyance, however meritorious it may otherwise be, includes all or so mu......
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Lionberger v. Baker
...be unavailing, such conveyance is fraudulent and void as to those debts and the property conveyed is subject to their payment. Potter v. McDowell, 31 Mo. 62; Eddy v. Baldwin, 32 Mo. 369; Howe v. Waysman, 12 Mo. 169; Woodson v. Pool, 19 Mo. 340; Pawley v. Vogel, 42 Mo. 291; Reppey v. Reppey,......
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Guinan v. Donnell
...Evans v. Bales, 168 Mo. 681; State to use v. O'Neil, 151 Mo. 84; Patten v. Casey, 57 Mo. 118; Bohannon v. Combs, 79 Mo. 305; Potter v. McDonnell, 31 Mo. 62; White McPheeters, 75 Mo. 286. (b) The lands conveyed to the son were the only unencumbered lands the debtor owned. A conveyance under ......
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MacDonald v. Rumer
...Lionberger v. Baker, 88 Mo. 447; Bohannon v. Combs, 79 Mo. 305; Payne v. Stanton, 59 Mo. 158; Patten v. Casey, 57 Mo. 118; Potter v. McDowell, 31 Mo. 62; U.S. Co. v. Sedgwick, 97 U.S. 304. (4) Where a voluntary conveyance, however meritorious it may otherwise be, includes all or so much of ......