Brightwell v. McAfee
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Eon. Alonso D. Burnes, Judge. (1) The amended petition in this case is fatally defective.
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Appeal from Platte Circuit Court. — Eon. Alonso D. Burnes, Judge. (1) The amended petition in this case is fatally defective. If it is designed to state a conveyance in trust, it fails to state that the trust was manifested by some writing, and if it is designed to state that the conveyance was intended to be an equitable mortgage, it fails to state facts showing that the relation of debt- or and creditor existed between the parties, or that such relation was subsequently to arise — mere conclusions not being sufficient. R. S. 1899, sec. 3416; R. S. 1909, sec. 2868; Cornelius v. Smith, 55 Mo.…
1Opinion of the CourtWalker, J.
This is a suit in equity to divest the title to certain lands in Platte county out of defendant, and vest it in plaintiff.
The prayer is for an accounting and that the deeds transferring the land be declared to be mortgages, and for other proper relief. From a judgment for plaintiffs, defendant appeals.
The suit was originally brought by Richard T. Brightwell and Sallie L. Brightwell, his wife, as plaintiffs, against Howard B. McAfee, as defendant. Sallie L. Brightwell subseqtiently died, and a revivor was had in the names of the present plaintiffs; two of the heirs of the deceased, declining…
2Cases cited18 opinions
- Newham v. KentonSupreme Court of Missouri · 1883
- Husheon v. HusheonCalifornia Supreme Court · 1886
- Cobb v. DaySupreme Court of Missouri · 1891
- Worley v. DrydenSupreme Court of Missouri · 1874
- Henderson v. KoenigSupreme Court of Missouri · 1906
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Rhodus v. GeatleySupreme Court of Missouri · 1941
- State Ex Rel. Raleigh Investment Co. v. AllenSupreme Court of Missouri · 1922
- Canty v. HalpinSupreme Court of Missouri · 1922
- Schwartzman v. London & Lancashire Fire InsuranceSupreme Court of Missouri · 1928
4 more not listed; retrieve them via the Exa API.