Miller v. Simonds
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This was ail action brought by Silas W. Miller and Margaret J. Miller, his wife, against Jacob W. Simonds, to have a deed executed by the said Margaret in favor of defendant, before her intermarriage with said Silas, set aside. Defendant was the father and had been the guardian of said Margaret.
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Appeal from St. Louis Court of Appeals. This was ail action brought by Silas W. Miller and Margaret J. Miller, his wife, against Jacob W. Simonds, to have a deed executed by the said Margaret in favor of defendant, before her intermarriage with said Silas, set aside. Defendant was the father and had been the guardian of said Margaret. The petition alleged that by reason of this double relation, the defendant held and exercised great and controlling influence over the mind and actions of the said plaintiff from the time of his appointment as her guardian, and before, until her marriage with…
1Opinion of the CourtSherwood, C. J.
The principles applicable to this case have been so frequently asserted in this court, that it seems like a work of supererogation to restate or reapply them.
Though the daughter, Margaret, had attained the age of twenty-one in the February prior to the execution of the deed, and, therefore, according to the ruling of this court in Caho v. Endress, 68 Mo. 224, had, some three years before, become of age, yet it is quite evident that she wTas totally unversed in the ways and wisdom of the world, and notwithstanding her majority, still remained in the leading stinngs and under the influence of…
2Cases cited4 opinions
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- Ranken v. PattonSupreme Court of Missouri · 1877
- Ford v. HennessySupreme Court of Missouri · 1879
- Caho v. EndressSupreme Court of Missouri · 1878
3Cited by7 opinions
- Hogan v. LeeperSupreme Court of Oklahoma · 1913
- Ewing v. WilsonIndiana Supreme Court · 1892
- Davis v. Strange'sSupreme Court of Virginia · 1890
- Gross v. GrossMissouri Court of Appeals · 1981
- Muzzy v. TompkinsonWashington Supreme Court · 1891
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