Smith v. Smith
Supreme Court of Missouri
Appeal from Lincoln Circuit Court — Hoi?-. Edgar B. Woolf oik, Judge. (1) (a) The execution of the lease and deed was the result of undue influence.
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Appeal from Lincoln Circuit Court — Hoi?-. Edgar B. Woolf oik, Judge. (1) (a) The execution of the lease and deed was the result of undue influence. There existed between plaintiff and defendant, at the time of the execution of the instruments sought to be set aside, a confidential or fiduciary relation, which relation alone' raised a presumption of undue influence and devolved upon defendant the • burden of showing that the plaintiff was of' sound mind, capable of making the deed and lease, and that the instruments in question were made by plaintiff as her free act, uninfluenced by any…
1Opinion of the CourtHigbee, P. J.
Plaintiff brought this suit September 9, 1916, to cancel a lease which she had executed August 24, 1916, of her farm of 217 acres in Lincoln County, Missouri, to her oldest son, Thomas R. Smith, and. a deed .of the same date conveying said farm to her children, Thomas R., Hugh B., George W., Grover C., Edward B. Smith and Josephine S. Williams, subject to said lease and two deeds of trust, one for $1700 to Zula Thurman, dated July 18, 1913, the other for $921.50 to her daughter, Josephine S. Brady, now Williams dated August 19, 1914.
The plaintiff’s first husband died in 1888. She was the…
2Cases cited6 opinions
- MacKall v. MacKallSupreme Court of the United States · 1890
- Hamilton v. ArmstrongSupreme Court of Missouri · 1894
- Huffman v. HuffmanSupreme Court of Missouri · 1909
- McNear v. WilliamsonSupreme Court of Missouri · 1902
- Bonsal v. RandallSupreme Court of Missouri · 1905
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3Cited by6 opinions
- St. Louis 221 Club v. Melbourne Hotel Corp.Missouri Court of Appeals · 1950
- Reina v. ErassarretCalifornia Court of Appeal · 1949
- Snider v. MillerMissouri Court of Appeals · 1961
- Arwe v. WhiteSupreme Court of New Hampshire · 1977
- Underwood v. GillespieMissouri Court of Appeals · 1980
1 more not listed; retrieve them via the Exa API.