Bowles v. Wathan
Supreme Court of Missouri
Appeal from, Si. Charles Circuit Court. I. The defendant in concealing from plaintiff the fact, only known to himself, that it was almost certain his wife would die in a short time, committed a fraud upon the plaintiff in procuring a deed of gift to his wife, which therefore, contrary to the intention of the grantor, must result and did result to his own benefit. (8 Wh. & Tud. Oas. in Eq., 141,143; Huguenin vs. Baseley, 14 Yes., 299 ; Lyon vs. Home, 6 Eq.
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Appeal from, Si. Charles Circuit Court. I. The defendant in concealing from plaintiff the fact, only known to himself, that it was almost certain his wife would die in a short time, committed a fraud upon the plaintiff in procuring a deed of gift to his wife, which therefore, contrary to the intention of the grantor, must result and did result to his own benefit. (8 Wh. & Tud. Oas. in Eq., 141,143; Huguenin vs. Baseley, 14 Yes., 299 ; Lyon vs. Home, 6 Eq. Oas. [Law], 655; Sears vs. Shaper, 6 N. Y., 268 ; Tyler vs. Gardiner 35 N. Y.', 559.) II. As to what constitutes in law undue influence. (1…
1Opinion of the CourtAdams, Judge
This was an action to set aside a deed, upon the alleged ground that it had been obtained by undue influence exercised by the defendant and his deceased wife over the mind of plaintiff. The answer denied all the material allegations of the petition. After a final hearing, the court dismissed the petition, and from this judgment the plaintiff has appealed to this court. The leading facts are about as follows: The plaintiff is eighty-three years old. In 1865 he made a partial distribution of his property. To each of his children he gave a deed for certain lands. The defendant’s wife was his pet…
2Cases cited1 opinion
- Halsa v. HalsaSupreme Court of Missouri · 1843
3Cited by3 opinions
- Emmel v. HayesSupreme Court of Missouri · 1890
- Johnson v. HurleySupreme Court of Missouri · 1893
- McClure v. LewisMissouri Court of Appeals · 1877