Parker v. Vanhoozer
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Before respondent is entitled to the relief prayed for, he must show that there was a mistake, and that it was a mutual one, between the parties, by testimony so clear and convincing that there is no doubt left in the mind of the chancellor. There must be a certainty of the mistake; a preponderance of testimony in its favor is not sufficient. Tesson v. Ins.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Before respondent is entitled to the relief prayed for, he must show that there was a mistake, and that it was a mutual one, between the parties, by testimony so clear and convincing that there is no doubt left in the mind of the chancellor. There must be a certainty of the mistake; a preponderance of testimony in its favor is not sufficient. Tesson v. Ins. Co., 40 Mo. 33; State ex rel. v. Frank, 51 Mo. 98; Sweet v. Oivens, 109 Mo. 1; Bartlett v. Brown, 121 Mo. 353; Clark v. St. Louis Transfer Co., 127 Mo. 255; Shay v.…
1Opinion of the CourtGantt, P. J.
Action of ejectment for eighty-nine and one half acres of land in Buchanan county. Ouster laid on March 1, 1893. " The answer is a general denial, and an equitable defense with a prayer for reformation of a deed from James C. Vanhoozer to Harriet Vanhoozer. The circuit court reformed the deed and gave judgment for defendants. Plaintiffs appeal.
James 0. Vanhoozer, the principal defendant, admitting having executed the deed under which plaintiffs claim title, averred and charged in his answer: “That by mutual mistake, error and oversight on the part of said Harriet Vanhoozer, and James C.…
2Cases cited3 opinions
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Sweet v. OwensSupreme Court of Missouri · 1891
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
3Cited by20 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Robinson v. KornsSupreme Court of Missouri · 1913
- Horine v. Royal InsuranceMissouri Court of Appeals · 1918
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