Bates v. Hamilton
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) That the deed was a forgery and the partition decree obtained by fraud was a good defense, and defendant was entitled to it under the general denial. Defendant was in court by their fraud, not by their summons. The fraud was practiced first upon defendant, then upon the court, because they concealed the fact that they had deceived defendant. Dunn v. Miller, 96 Mo. 324; Lazarus v. McGuirk, 8 So.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) That the deed was a forgery and the partition decree obtained by fraud was a good defense, and defendant was entitled to it under the general denial. Defendant was in court by their fraud, not by their summons. The fraud was practiced first upon defendant, then upon the court, because they concealed the fact that they had deceived defendant. Dunn v. Miller, 96 Mo. 324; Lazarus v. McGuirk, 8 So. Rep. 253; Ellis v. Kelly, 8 Bush. 621. (2) In this State tenants in common, independent of a proceeding for partition, can not sue…
1Opinion of the CourtMarshall, J.
This is a suit in equity for an accounting, growing out of the following facts: Prior to July 29,1889, defendant and his brother John L. Hamilton owned certain lands as tenants in common; on that date John executed and delivered to his nieces Isabel A. Bates and Susan J. McLean, a deed to his undivide'd share of the property, and on the second of August following he died. Up to the death of his brother, defendant collected the rents and paid over monthly to his brother one half thereof. On September 7, 1889, defendant commenced a suit for partition, and made his sister Eliza H. Armstrong and…
2Cases cited6 opinions
- Hamilton v. McLeanSupreme Court of Missouri · 1897
- Hamilton v. ArmstrongSupreme Court of Missouri · 1894
- Bobb v. BobbSupreme Court of Missouri · 1886
- Taylor v. HiteSupreme Court of Missouri · 1875
- Scudder v. AmesSupreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cross v. GouldMissouri Court of Appeals · 1908
- Smoot v. JuddSupreme Court of Missouri · 1904
- Donaldson v. AllenSupreme Court of Missouri · 1904
- Byrne v. ByrneSupreme Court of Missouri · 1921
31 more not listed; retrieve them via the Exa API.