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35 Mo. 398

Hackley v. Cooksey

Supreme Court of Missouri

Decided January 15, 1865

Supreme Court of Missouri · decided 1865-01-15

John L. Wilmot being indebted to Elliott and Higgins, made a bill of sale absolute upon its face, conveying to Cook-sey certain hemp and wheat. The bill of sale recited the indebtedness, and in consideration that Cooksey should pay the debts mentioned, conveyed the property without reservation. Cooksey took possession. Hackley (the plaintiff) took an attachment against Wilmot and caused it to bo levied upon the property conveyed to Cooksey.

Decided 1865-01-15

Bates, Judge,

¶1delivered the opinion of the court.

¶2The only question of practical importance in this case, is as to the validity of the deed to' Cooksey. It is upon its face absolute; but-the plaintiff insists that it was not an absolute deed, and that it was without consideration. Cooksey then shows that the real consideration was the debt of Wil-mot to Elliott and Higgins, and the trust to apply the property to the payment of these debts. In either case there was a sufficient consideration to vest the title in Cooksey, and the inquiry whether he takes the title absolutely or as *405a trustee is profitless. If parol evidence was inadmissible to show a different consideration from that expressed in the deed, it remains an absolute deed. If parol evidence be admitted to show that there was a different consideration from that expressed in the deed, then it is also admissible to show what was the real consideration.

¶3Judgment affirmed.

Judges Bay and Dryden concur in affirming the judgment.
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