Summers v. Abernathy
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — lion. J. L. Fort, Judge. (1) The duty is devolved upon a plaintiff, in the first instance, to state a canse of action; if he fails to state a cause of action, the objection may be raised in this" court. Young v. Scofield, 132 Mo. 650’. Fraud and injury must concur, and it must be so alleged, or plaintiff cannot succeed, and it was not so alleged in this case. 9 Ency.
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Appeal from Stoddard Circuit Court. — lion. J. L. Fort, Judge. (1) The duty is devolved upon a plaintiff, in the first instance, to state a canse of action; if he fails to state a cause of action, the objection may be raised in this" court. Young v. Scofield, 132 Mo. 650’. Fraud and injury must concur, and it must be so alleged, or plaintiff cannot succeed, and it was not so alleged in this case. 9 Ency. PI. and Pr. 696, sec. 6. In a suit to cancel a deed because of false representations made by a grantee, plaintiff must plead an injury or damage; and this was not done in this case. Smith v.…
1Opinion of the CourtKennish, P. J.
— On January 20, 1907, plaintiffs filed in the circuit court of Stoddard county a petition alleging that a deed executed by the plaintiffs Moses Proffer and Eliza Proffer, his wife, conveying certain land in that county to the defendant Jerome Abernathy, was obtained by fraud and without consideration. The prayer of the petition was that said deed be cancelled, • the defendants divested of the title to said land and said title vested in plaintiffs.
Upon a trial of the cause the circuit court found the issues for the plaintiffs, cancelled the deed, divested the defendants of the title to the…
2Cases cited8 opinions
- Hudson v. CahoonSupreme Court of Missouri · 1906
- Nauman v. OberleSupreme Court of Missouri · 1886
- Burdett v. MaySupreme Court of Missouri · 1889
- Turner v. TurnerSupreme Court of Missouri · 1869
- Haarstick v. GabrielSupreme Court of Missouri · 1906
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3Cited by5 opinions
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- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914
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- Goldman v. BlankstenAppellate Court of Illinois · 1926
- Branner v. KlaberSupreme Court of Missouri · 1932