Evans v. David
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Rioiiakd Field, Judge. The answer in the case standing as it does on a defense purely equitable in its nature and asking for relief of which only a court of equity can take cognizance, brings this case on the equity side of the court.
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Appeal from Pettis Circuit Court. — Hon. Rioiiakd Field, Judge. The answer in the case standing as it does on a defense purely equitable in its nature and asking for relief of which only a court of equity can take cognizance, brings this case on the equity side of the court. Estes v. Ery, 94 Mo. 271. And the court will review the whole facts, and, while giving just weight to the finding of the court below, will, if that finding be contrary to the settled principles of law and just and fair dealing between the parties, set aside the finding and reverse the case. (1) Although the conveyance was…
1Opinion of the CourtBrace, J.
— This is an action in ejectment for a three-acre tract of land near the city of Sedalia in Pettis county.
The petition was in common form. The answer admitted possession, denied plaintiff ’ s right to recover, and set up substantially the following facts, as a defense to plaintiff’s action; that the premises were the property of one James W. Bushong ; that on the nineteenth of July, 1878, the said Bushong bargained and sold the same to one James Evans, the brother of the plaintiff, for the consideration of five hundred dollars, and, with his wife, executed and delivered to the said Evans his…
2Cases cited1 opinion
- Bonney v. TaylorSupreme Court of Missouri · 1886
3Cited by6 opinions
- Davidson v. DockerySupreme Court of Missouri · 1904
- Briant v. JacksonSupreme Court of Missouri · 1889
- Hawke v. California Realty & Construction Co.California Court of Appeal · 1915
- Brinkerhoff v. JudenSupreme Court of Missouri · 1914
- Reynolds v. FaustSupreme Court of Missouri · 1903
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