Clark v. Conway
Supreme Court of Missouri
Appeal from, SL Louis Court of Common Pleas. The facts of this case sufficiently appear in the opinion of the court, and in the report of the ease of Clark v. Maguire (16 Mo. 302). Upon the trial, the following instruction was given to the jury, on the motion of plaintiff: “1. The burden of proving the defence of fraud rests upon the defendants.”
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Appeal from, SL Louis Court of Common Pleas. The facts of this case sufficiently appear in the opinion of the court, and in the report of the ease of Clark v. Maguire (16 Mo. 302). Upon the trial, the following instruction was given to the jury, on the motion of plaintiff: “1. The burden of proving the defence of fraud rests upon the defendants.” The court, on its own motion, gave the following : “ 2. If the jury find from the evidence that the creation of the trust set up and shown by the plaintiff was contrived for the purpose of protecting the property, profits or earnings of Dennis Marks…
1Opinion of the CourtRylaND, Judge
The principal points in this case were heretofore settled by this court in the case of Clark v. Maguire (16 Mo. 302). *442The construction of the various deeds and powers now again presented was had in that case. We are fully satisfied with the correctness of the principle laid down then by this court.
So far as new points have arisen, we will now consider and settle them. First, as to the admission of the deed from Alexander to the plaintiff. The appellant contends that the execution of this deed was not proven. Now, in looking over the record, we find that the defendant below, the appellant…
2Cases cited1 opinion
- Clark v. MaguireSupreme Court of Missouri · 1852
3Cited by15 opinions
- State v. HopeSupreme Court of Missouri · 1889
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886
- Allen v. MansfieldSupreme Court of Missouri · 1884
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