138 Mo. 262 | Mo. | 1897
This is a suit by petition in equity, brought by the plaintiff, purchaser at execution sale, of all the right, title and interest of Green B. Atterbury, to certain lots in the town of Maysville, DeKalb county, to set aside a deed executed by Robert T. Richardson and wife, dated the twentieth day of August, 1891, conveying said lots to the defendant, the wife of the said Green B. Atterbury, and praying that the title thereby acquired be vested in the plaintiff on the ground that said deed was executed to hinder, delay and defraud creditors of the said Green B. Atterbury. From the judgment in favor of the defendant in the circuit court, the plaintiff appeals.
It appears from the. evidence that on the ninth of October, 1888, one James Ewart recovered judgment against the said Green B. Atterbury for the sum of $2,473.55. That execution thereon issued, and was levied upon the lots in question on the seventeenth of July, 1894, and that the same were sold by the sheriff at public sale on the twelfth of October, 1894, the plaintiff becoming the purchaser for the sum of $110 and securing a sheriff’s deed therefor.
The evidence tended to prove that the judgment was rendered upon a promissory note, executed by
This, of course, is not a case where a husband has been enabled to obtain credit by being clothed with the apparent ownership of property which the wife after-wards claims belongs to her for the reason that it was bought with her money, and the only question in the case was whether the lots in question were bought with the defendant’s money. This was a question of fact to be determined by the chancellor like any other question of fact, by the preponderance of the evidence.
After a careful examination of all the evidence, we are not prepared to say that he has not determined this question of fact correctly, and deferring somewhat to the finding of the chancellor, as we are accustomed to do, the judgment of the circuit court will be affirmed, and it is accordingly so ordered.