Section 426.110 – If rejected, court to order new bond — failure to give revokes authority.
Effective – 28 Aug 1939 426.110. If rejected, court to order new bond — failure to give revokes authority. — If the bond be rejected, the court shall order the assignee to give another bond, with sufficient security, to be approved by the court; and if he fail to give such bond within such time […]
Section 426.010 – Voluntary assignment — execution of.
Effective – 28 Aug 1939 426.010. Voluntary assignment — execution of. — Every voluntary assignment of lands, tenements, goods, chattels, effects and credits made by a debtor to any person in trust for his creditors, shall be for the benefit of all the creditors of the assignor in proportion to their respective claims; and every […]
Section 426.020 – Assignee to file inventory, when and where.
Effective – 02 Jan 1979 426.020. Assignee to file inventory, when and where. — It shall be the duty of the assignee, within fifteen days after the execution of the deed of assignment, to file in the office of the clerk of the circuit court of the county in which the assignor, or, if there […]
Section 426.030 – Inventory to be sworn to.
Effective – 28 Aug 1939 426.030. Inventory to be sworn to. — The inventory shall be accompanied with an affidavit by the assignee, that the same is a full and complete inventory of all such property, effects and things, as far as the same have come to his knowledge. ——– (RSMo 1939 § 5741) Prior […]
Section 426.040 – Appraisers, appointment of.
Effective – 02 Jan 1979 426.040. Appraisers, appointment of. — It shall be the duty of the circuit court in whose clerk’s office such inventory may be filed to appoint two or more disinterested and competent persons to appraise the property, effects and things so inventoried; provided, that such appraisers may be appointed before the […]
Section 426.050 – Oath, filing and compensation of appraisers.
Effective – 28 Aug 1939 426.050. Oath, filing and compensation of appraisers. — The appraisers, or a majority of them, having first taken an oath or affirmation, before some person having authority to administer oaths, to discharge their duties with fidelity, shall forthwith proceed to make such appraisement. The appraisers shall file the appraisement and […]
Section 426.060 – Additional property, duty of assignee.
Effective – 28 Aug 1939 426.060. Additional property, duty of assignee. — If, after making the first inventory, any other property, effects and things conveyed by the deed of assignment shall come to the possession or knowledge of the assignee, his duty in relation thereto, and the duty of the court or judge, and the […]
Section 426.070 – Assignor’s list of property — filing of bond of assignee — additional bond.
Effective – 28 Aug 1939 426.070. Assignor’s list of property — filing of bond of assignee — additional bond. — The assignor, his agent or attorney, at the time of the execution of the deed of assignment, shall make a statement, in writing, verified by affidavit, setting forth the general nature and full value of […]
Section 426.080 – Bond, condition of.
Effective – 28 Aug 1939 426.080. Bond, condition of. — The bond shall be taken in the name of the state of Missouri, and the condition shall be as follows: The condition of this obligation is such that if the above bound ______, assignee of ______, shall, in all things, discharge his duty as assignee […]
Section 426.090 – Bond, where filed and recorded — approval.
Effective – 02 Jan 1979 426.090. Bond, where filed and recorded — approval. — The bond shall be filed in the office of the clerk of the court in which the inventory is filed, shall be approved by the court, or in the absence of the judge, by the clerk and shall be by the […]