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LAND RED-E-MIXED CONCRETE CO. v. CASH WHITMAN, INC.

No. 52816.

425 S.W.2d 919 (1968)

LAND RED-E-MIXED CONCRETE COMPANY, and Hugh A. Miner, Trustee of the Estate of Cash Whitman, Inc., Bankrupt, No. 5574-5, Appellants, v. CASH WHITMAN, INC., a corporation, Pauline Whitman, James C. Heyer, Judy Downey, Glenn L. Whitman, J. Whitman, Robert E. Douglas, Trustee for the American National Bank, and the American National Bank of St. Joseph, Missouri, Respondents.

Supreme Court of Missouri, Division No. 2.

April 8, 1968.

Attorney(s) appearing for the Case

Miner, Martin & Speiser, St. Joseph, for appellants.

Dale, Potter & Flynn, Whitney W. Potter, St. Joseph, for respondents.

BARRETT, Commissioner.

This is a suit by a creditor and Hugh A. Miner, trustee in bankruptcy of the estate of Cash Whitman, Inc., to set aside deeds to a certain tract of land in Buchanan County as in fraud of creditors (RSMo 1959, § 428.020, V.A.M.S) and to subordinate a deed of trust to the American National Bank of St. Joseph to the claims of creditors. Originally only the creditor, Land Red-E-Mixed Concrete Company, was plaintiff, Miner was appointed trustee...

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