Summers v. Coleman
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — HoN. E. L. Edwards, Judge. There are mainly two points presented in this ease for adjudication in this court. 1st, Can a conveyance of a bare possibility or an expectancy be upheld and enforced in equity. 2nd, If such a contract can be upheld and enforced in equity, are there any circumstances of fraud surrounding this transaction of a character to vitiate the contract. In equity contracts relating to expectancies, have long been upheld.
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Appeal from Cooper Circuit Court. — HoN. E. L. Edwards, Judge. There are mainly two points presented in this ease for adjudication in this court. 1st, Can a conveyance of a bare possibility or an expectancy be upheld and enforced in equity. 2nd, If such a contract can be upheld and enforced in equity, are there any circumstances of fraud surrounding this transaction of a character to vitiate the contract. In equity contracts relating to expectancies, have long been upheld. Fonblanque’s Eq., 170, 171, note E ; Fry on Specific Perform., 496, 500 ; Cook v. Field, 15 Q. B. 460 ; Wise-man v.…
1Opinion of the Court
Ewing, C.
On the 13th day of December, 1877, the plaintiff filed in the Cooper county circuit court a petition stating her cause of action as follows :
That Lewis A. Summers died at Cooper county on the 4th day of May, 1877, intestate, seized of certain real estate situate in said county, and also of personal property valued *491:it $10,000, leaving the plaintiff as his only heir at law and legal representative. Plaintiff was the daughter and only child of John Fenton Summers and Yirginia Summers, and John Fenton Summers was the only son and child of Lewis A. Summers. John Fenton Summers died…
2Cases cited4 opinions
- Griffith v. TownleySupreme Court of Missouri · 1878
- Cassidy v. MetcalfSupreme Court of Missouri · 1877
- Miller v. SimondsSupreme Court of Missouri · 1880
- Young v. ColemanSupreme Court of Missouri · 1869
3Cited by2 opinions
- Chrisman v. LindermanSupreme Court of Missouri · 1907
- Carbine v. McCoySupreme Court of Georgia · 1890