Reports of Cases Argued and Determined in the Supreme Court of the State of Missouri Volume 95 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 Excerpt: ...petition as one cause of action, tried the case, and rendered a decree on that theory. We, therefore, conclude there is no Rinehart v. Long. reversible error in overruling the defendants' motion to elect, and their objection to the introduction of any evidence. Conceding that the defendants could raise the objection to the petition in either of these ways, which we do not assert, still the court tried the case as it should have been tried, and we do not see how the defendants could be prejudiced by the unskillful, petition. 2. Another objection to the petition is, that it does not state facts sufficient to constitute a cause of action in this, that it does not show that defendants had no other property out of which the debts could be made. The petition states that, at the date of the respective deeds to Mrs. Long, the defendant, Joseph Long, was wholly insolvent, that he owed about fourteen thousand dollars, and that his property was wholly inadequate to satisfy his indebtedness. This allegation is sufficient; and especially so in view of the proof, which shows that Mr. Long was then, and at all times since has been, insolvent. 3. So far as the merits of this case are concerned, but little need be said. The proof shows beyond all doubt, that the land in suit was purchased by James Long, and that he paid thereon some forty-four hundred dollars from money which he received from his father's estate. He had the land conveyed to his wife, who paid no part of the purchase money. He was then insolvent and is still insolvent. Some two thousand dollars of the purchase money was unpaid at the date of the sheriff's sale, and subject to which the plaintiff purchased the property. It is not necessary to cite authorities to show that these deeds to Mrs. Long cannot stand...