Walsh v. Ketchum’s Empirical Analysis

Citation profile

3 federal appellate · 8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Snyder v. Free, 114 Mo. [360] 350, loc. cit. 369, 21 S. W. 847 , this court approved the statement extracted from the various decisions by Mr. Bump in his work on Fraudulent Conveyances (pages 276 and 277), to this effect: ‘The burden of proof rests upon the donee to establish the circumstances which will repel the presumption of a fraudulent intent. The conveyance stands condemned as fraudulent unless the facts which may give it validity are proved by him. If no evidence is given to show that the donor had ample means to meet his liabilities, then the transfer must be deemed void as against creditors.’ “In Walsh v. Ketchum, 84 Mo. 427 , the prior cases in this state were reviewed, and the rule announced in Patten v. Casey, 57 Mo. 118 , was approved, to this effect: ‘That a voluntary conveyance made by a debtor in embarrassment or doubtful circumstances, without ample means, outside of the particular property conveyed, for the satisfaction of his then existing debts, though made without any specific intent to defraud, is fraudulent in law as to all who were creditors at the time of the execution of the conveyance.’ ””

   1 later decision quote this exact passage
   e.g. Commerce Trust Co. v. Woodbury