Royle v. Jones

• Decision Date: 31 October 1883
• Citation: 78 Mo. 403
• Parties: ROYLE et al., Appellants, v. JONES.
• Court: Missouri Supreme Court

78 Mo. 403

ROYLE et al., Appellants,

v.JONES.

Supreme Court of Missouri.

October Term, 1883.

Appeal from Ray Circuit Court.--HON. GEO. W. DUNN, Judge.

AFFIRMED.

Wallace & Chiles for appellants.

Rathbun & Shewalter for respondents.

NORTON, J.

It appears from the record in this cause that defendant, Alfred Jones, on the 23rd day of July, 1863, conveyed by deed of trust certain lands in Lafayette county to secure the payment of certain debts therein mentioned, among which was a debt to Thomas J. Jones for $5,350, and interest, evidence by a note of said Alfred Jones dated October 5th, 1857. The plaintiffs in this suit, who were creditors of said Alfred Jones, obtained judgments against him upon their respective demands in the Lafayette county circuit court in May, 1864, upon which executions were issued and the land conveyed by said deed of trust levied upon and sold, at which sale plaintiffs became the purchasers. Plaintiffs, after having a deed under said purchase, instituted the present proceedings in the circuit court of Lafayette county in October, 1867, and in their petition, after reciting the above facts, in substance allege that said deed of trust executed by said Alfred Jones in July, 1863, was made by him to defraud his creditors, and that said note of said Alfred Jones to Thomas J. Jones was fictitious, fraudulent and void as to said plaintiffs, and that said Alfred was not in fact and truth indebted to said Thomas on said note. The petition concludes with a prayer asking that the said deed of trust, as to them, and the said note to Thomas Jones, be declared and decreed to be voluntary, fraudulent and void, and that it be cancelled. The allegations of the petition were put in issue by answer, and upon a trial of the cause in the Ray county circuit court, where it had been transferred by change of venue, judgment was rendered for defendants, and the bill dismissed.

From this judgment plaintiffs have appealed and seek a reversal thereof upon the ground that it is not sustained by the evidence. It appears from the record before us that the court submitted to a jury the following issues arising under the pleadings, viz: (1) Was the note from Alfred Jones to Thomas J. Jones for $5,350, dated October 5th, 1857, mentioned in the deed of trust, voluntary and without consideration? On this issue the plaintiffs affirmed and the defendants denied. (2) Was the said note given for money loaned by Thomas Jones to Alfred Jones amounting to the sum specified in the note? On this issue defendants affirmed and plaintiffs denied.

It further appears that the jury returned a verdict finding both issues for defendants, and that subsequently the court heard all the evidence in the case, including evidence not given before the jury, adopted their finding, found the other issues for defendants and dismissed the bill. On the trial four witnesses, viz., Thomas Jones, Alfred Jones, ...