Equitable relief must be pleaded in the quiet title action to invoke equity jurisdiction. Massachusetts General Life Ins. Co. v. Sellers, 835 S.W.2d 475 (Mo. Ct. App. S.D. 1992).

 

The following are the elements of an action to quiet title:

• A plaintiff who claims an interest, legal or equitable, in possession or not, of certain real property.
• The presence of claims, legal or equitable, certain or contingent, present or in reversion, in possession or not; interests; titles; deeds; or mortgages that are in conflict with the plaintiff's claim.

 

For purposes of fraudulent conveyance action, “badges of fraud” include: (1) a conveyance to a spouse or near relative; (2) near inadequacy of consideration; (3) transactions different from the usual method of transacting business; (4) transfers in anticipation of suit or execution; (5) retention of possession by the debtor; (6) the transfer of all or nearly all of the debtor's property; (7) insolvency caused by the transfer; and (8) failure to produce rebutting evidence when circumstances surrounding the transfer are suspicious. Bueneman v. Zykan (App. E.D. 2001) 52 S.W.3d 49, on subsequent appeal 181 S.W.3d 105, rehearing and/or transfer denied. Fraudulent Conveyances 14

 

Badges of fraud, such as may permit transaction to be set aside as fraudulent conveyance, include conveyance to spouse or near relative, inadequacy of consideration, departure from usual method of transacting business, fact that transfer was made in anticipation of suit or execution, retention of possession by debtor, transfer of all or nearly all of debtor's property, insolvency resulting as result of transfer, and debtor's failure to produce rebutting evidence when circumstances surrounding transfer are suspicious. Behr v. Bird Way, Inc. (App. S.D. 1996) 923 S.W.2d 470. Fraudulent Conveyances 14

 

Deed of trust and deed in lieu of foreclosure executed by debtors, less than two months after lawsuit was filed against them, to corporation controlled by their relatives, could be set aside as a fraudulent conveyance, where debt which deed of trust allegedly secured was not evidenced by any promissory note, debtors continued to enjoy use of property which was subject of conveyance, whether through their relatives or through their continued management of corporate transferee, and transfer was followed shortly thereafter by filing of bankruptcy petition on debtors' behalf. Behr v. Bird Way, Inc. (App. S.D. 1996) 923 S.W.2d 470. Fraudulent Conveyances 57(1); Fraudulent Conveyances 82; Fraudulent Conveyances 110(1)

 

Conveyances made with intent to defraud creditors are void as to those creditors. South Side Nat. Bank v. Commerce Bank of St. Louis, N.A. (App. E.D. 1995) 897 S.W.2d 657. Fraudulent Conveyances 313(1)