Culver v. Moeser
Culver v. Moeser
Opinion of the Court
Opinion by
Action in ejectment to recover a quarter-section of land in Cowley county. Both sides claim title through one N. L. F. Monroe, who, in the month of December, 1879, made a conveyance thereof to Margie Young. It is claimed that the sole consideration for this conveyance was paid by William Young, the husband of Margie Young, and that he caused the deed to be made to her to defraud his creditors; that the said William Young, at the time this conveyance was made, was indebted to several persons, and among them to the firm of Morehead, Young & Co., who recovered a judgment against William Young in the district court of Shawnee county, on.the 13th dayof May, 1875, and on the 14th day of February, 1880, a transcript of which judgment .was duly filed in the office of and with the clerk of the district court of Cowley county, and became a lien on all the lands and real estate of William Young in that county, and particularly the land in controversy; that an execution was issued on said judgment, and said land sold to Geo. W. Crane, who received a sheriff’s deed therefor on the 11th day of June, 1880; that Crane sold and conveyed said land to one H. L. Barker on the 21st day of June, 1880, who took possession of the same; that Barker sold said land, and conveyed it to Marion Culver on the 2d day of December, 1881, and since
The sole contention of counsel for the plaintiff in error here is, that on the evidence produced at the trial the plaintiff in error was clearly entitled to a judgment in his favor, and that there is no evidence to sustain the judgment rendered. Counsel overlooks the fact that there is not a particle of evidence tending to connect Margie Young with the judgment of More-head, Young & Co., or with an attempt to defraud the creditors of her husband, or with any knowledge of the gambling transaction in which her husband participated, until this action is commenced by an apparently innocent purchaser to recover the possession of the land. And in the meantime Margie Young has conveyed to Cochrane, Cochrane has conveyed to Wilson, and Wilson to Mrs. Moeser, the defendant in error, with no hint in the evidence that either Cochrane, Wilson or the defendant in error had notice or knowledge of the gambling transaction, or of the attempt on the part of Young to defraud his creditors. And all the time there was nothing in the record in any manner connecting Margie Young with the
It is recommended that the judgment be affirmed.
By the Court: It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.