Doherty v. Noble
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. W. M. Robinson,' Judge. (1) Where a person is so situated as to exercise a controlling influence over the will and conduct of another, the clearest evidence is required that there-was no fraud, influence or mistake.
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Appeal from Jasper Circuit Court. — Hon. W. M. Robinson,' Judge. (1) Where a person is so situated as to exercise a controlling influence over the will and conduct of another, the clearest evidence is required that there-was no fraud, influence or mistake. Harvey v. Cullens, 46 Mo. 152; Caclwalladerv.West, 48 Mo. 483; Armstrong v. Logan, 115 Mo. 465. (.2) A voluntary conveyance from a grandmother to her granddaughter will be set aside when it is shown that the granddaughter exercised a controlling influence over the grandmother, and there was no deliberate, unbiased intention on the part of…
1Opinion of the CourtMacdablanb, J.
This is a suit in equity to set aside a quitclaim deed dated December 14, 1891, made by plaintiff in consideration of love and affection, whereby she conveyed to defendant, Florence E. Noble, one undivided one third of four fifths of a tract of mineral land in Jasper county, Missouri. By the deed the grantor retained a life estate in the land.
The petition charged that said defendant was the granddaughter of plaintiff, by whom she was raised from infancy, and had been educated. That she is twenty-two years of age, intelligent, and well educated.
That plaintiff is seventy-five years old, and is…
2Cases cited1 opinion
- McKinney v. HensleySupreme Court of Missouri · 1881
3Cited by8 opinions
- Black v. EpsteinSupreme Court of Missouri · 1909
- Fronk v. FronkMissouri Court of Appeals · 1911
- Bonsal v. RandallSupreme Court of Missouri · 1905
- Elzea v. DunnSupreme Court of Missouri · 1923
- Nash v. Kansas City HyDraulic Press Brick Co.Missouri Court of Appeals · 1904
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