71 Mo. App. 394 | Mo. Ct. App. | 1897
On the sixteenth day of June, 1896, the plaintiff recovered a judgment against the defendant John S. Goodin before a justice of the peace in Mississippi county. An execution was issued on the same day and it was immediately delivered to the constable of the township. The constable made no levy. A few days afterward, to wit, on the twenty-third of the month, the plaintiff instituted the present action against the defendants John S. Goodin and F. M. Stotts. It was averred in the petition that prior to the date of the plaintiff’s judgment Goodin executed and delivered to Stotts four chattel mortgages which covered all property owned by Goodin. The mortgages were alleged to be of the following dates and amounts, to wit: (1) Mortgage dated February 22, 1895, conveying a crop of corn worth $1,000; five mules worth $350; wheat of the value of $800; hogs worth $100; other personal property of the value of $200 to secure an alleged indebtedness of $991. (2) Mortgage dated May 2, 1895, on a crop of potatoes of the value of $300 and to secure a note for $150. (3) Mortgage dated November 5, 1895, on wheat of the value of $1,000, horse and mule worth $200 and to secure note for $600. (4) Mortgage dated June 13, 1896, on crop of growing wheat worth $700, and to secure a note for $500. It was further averred that the plaintiff believed that these mortgages were fraudulent in that they were executed with the intent or purpose to hinder the other creditors of Goodin, and that by reason of these mortgages and the threats of Stotts the plaintiff was deterred from directing the constable to levy upon the mort
The judgment of the circuit court will be affirmed.