McNear v. Williamson
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. W. W. Bucker, Judge. (1) The defense of fraud set up in the answer converts the action in ejectment into a suit in equity. Lewis v. Eodes, 150 Mo. 498; Eidgway v. Herbert, 150 Mo. 606. In such an action with an equitable defense, the appellate court will weigh all the evidence and review the verdict. Eidgway v. Herbert, supra.
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Appeal from Chariton Circuit Court. — Hon. W. W. Bucker, Judge. (1) The defense of fraud set up in the answer converts the action in ejectment into a suit in equity. Lewis v. Eodes, 150 Mo. 498; Eidgway v. Herbert, 150 Mo. 606. In such an action with an equitable defense, the appellate court will weigh all the evidence and review the verdict. Eidgway v. Herbert, supra. The entire evidence is preserved and presented here, and appellants insist that on the weight of evidence they are entitled'to a decree. (2) The delivery of a deed is a question of the intention of the parties and whether or…
1Opinion of the CourtValliant, J.
This is an action in ejectment for land in Boone county. The real parties in interest are the plaintiff, MeNear, and the defendant, Mary E. Williamson. The .two other defendants are the husband of Mrs. Williamson and her son, Arthur Jennings, who at the commencement of this suit was a minor, and who, the petition avers, is equally interested with the plaintiff in the subject sued for, but refuses to become plaintiff, and is therefore made defendant under section 1994, Revised Statutes-1889 (sec. 544, R. S. 1899).
Mrs. Williamson was the owner of a life estate in the land, the remainder in fee…
2Cases cited7 opinions
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Standiford v. StandifordSupreme Court of Missouri · 1888
- Tyler v. HallSupreme Court of Missouri · 1891
- Miller v. St. Louis & Kansas City Railway Co.Supreme Court of Missouri · 1901
- Tobin v. BassSupreme Court of Missouri · 1885
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3Cited by12 opinions
- Creamer v. BivertSupreme Court of Missouri · 1908
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- Smith v. Holdoway Construction Co.Supreme Court of Missouri · 1939
- Jones v. JeffersonSupreme Court of Missouri · 1933
- Poplin v. BrownMissouri Court of Appeals · 1918
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