Crumb v. Wright
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Hon. John G-. Wear, Judge. The theory of the defense is that the trust deed was fraudulent, and therefore the sale under it was fraudulent. It was proper to set up the circumstances constituting the fraud.- Estes v. Fry, 94 Mo. 266. If proper to allege the facts, it was competent to prove them. Ib.
Read the full summary
Appeal from Stoddard Circuit Court. — Hon. John G-. Wear, Judge. The theory of the defense is that the trust deed was fraudulent, and therefore the sale under it was fraudulent. It was proper to set up the circumstances constituting the fraud.- Estes v. Fry, 94 Mo. 266. If proper to allege the facts, it was competent to prove them. Ib. And the trial court erred in excluding defendant’s evidence to the effect that the notes and deed of trust securing them were obtained by fraud. Goff v. Roberts, 72 Mo. 572. This contest was between the original parties to the notes and deed of trust, the…
1Opinion of the CourtSherwood, J.
Ejectment for the south half of the southwest quarter of section 13, township 27, range 9. The answer, a general denial, and the following : “ And defendant, further answering plaintiff’s said petition, says that he admits that on the twenty-seventh day of December, 1880, he did execute a deed of trust to plaintiff, which said deed of trust was obtained by plaintiff through false and fraudulent representations made by plaintiff to defendant; that is to say, plaintiff represented to defendant that he was the owner of the land therein described and that he had good right to sell the *16same, he,…
2Cases cited11 opinions
- Abbott v. AllenNew York Court of Chancery · 1817
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Fitzgerald v. BarkerSupreme Court of Missouri · 1884
- State ex rel. Polk County v. WestSupreme Court of Missouri · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Thompson v. NewellMissouri Court of Appeals · 1906
- McLeod v. SnyderSupreme Court of Missouri · 1892
- Dwyer v. RohanMissouri Court of Appeals · 1903
- Goodell v. SanfordMontana Supreme Court · 1904
- Scott v. NewellSupreme Court of South Carolina · 1928