69 Mo. 629 | Mo. | 1879
This was a suit commenced by plaintiff in the Osage circuit court, to set aside a deed made by Edmond Lewis to his co-defendant, conveying a parcel of land in said county. Plaintiff obtained a judgment in a suit agaiust Edmond Lewis and purchased said land under an execution issued on that judgment, and in his petition herein alleges that the conveyance by Edmond to James M. Lewis was made with intent to hinder, delay and defraud the creditors of said Edmond. There was a finding and judgment for plaintiff, and defendants have brought the case here on writ of error.
The judgment and the levy of the execution upon the land in controversy, were prior to the date at which Edmon(i Lewis was adjudged a bankrupt; but ^ is contended that the sale having occurred after Lewis was adjudged a bankrupt, was a nullity. The adjudications to the contrary are innumerable. Seibel v. Simeon, 62 Mo. 257; Wilson v. City Bank, 17 Wall. 473; Mays v. Fritton, 20 Wall. 414; Biddle’s Appeal, 68 Pa. St. 13; In Re Irwin Davis, 1 Sawyer C. C. Rep. 260; Hagan v. Lucas, 10 Peters 400; Johnson v. Bishop, 1 Woolworth C. C. Rep. 325; Peck v. Jenness, 7 How. 612; Pulliam v. Osborne, 17 How. 471; Buck v. Colbath, 3 Wall. 341; Mollison v. Eaton, 16 Minn. 430; Eyster v. Gaff, 91 U. S. 524; Thompson v. Moses, 43 Ga. 385. In the case of Eyster a Gaff, supra, Miller, J., obseiwes that: “ The opinion seems to have been quite prevalent in many quarters, at one time, that the moment a man is declared a bankrupt the district court which has so adjudged, draws to itself, by that act, not only all control of the bankrupt’s property and credits, but that no one can litigate with the assignee contested lights in any other court, except so far as the circuit courts have concurrent jurisdiction, and that other courts can proceed no further in.suits of which they had at the time full cognizance; and it was prevalent practice to bring any person, who contested with the assignee any matter growing out of disputed rights of property, or of contracts, into the bankrupt court by the service of a rule to show cause, and to dispose of their rights in a summary way. This court has steadily set its face against that view.”
The judgment against the assignee in the suit instituted by him in the district court of the United States for the western district of Missouri, against these defendants, for the purpose of having the conveyance in question set aside for fraud, is not binding upon this plaintiff, who had acquired alien upon, and, for aught that appears in this record, a title to the land before the suit by the assignee was instituted. The sale
On the issue of fact in regal’d to the fraudulent intent of Edmond Lewis in making the deed in question, the court below found for the plaintiff, and we think _ A there was abundant evidence to warrant its finding. That he was not in debt when the deed was executed, may be conceded, but very soon after its execution he became involved, and his conduct and conversations, detailed in evidence, justify the conclusion that his conveyances to his children were made to secure him a retreat in
Without detailing all the evidence in the" case, we think it tended strongly to prove that Edmond Lewis, having determined to engage in a business which would probably require him to incur debts in its prosecution, conveyed his property to his children for the purpose of protecting it against -the demands of any persons to whom he might become indebted iu the course of that business. Besides, these debts were incurred so soon after the couveyances -to his children, and under such circumstances, as even war
Affirmed.