Hannibal & St. Joseph Railroad v. Nortoni
Supreme Court of Missouri
Appeal from Macon Circuit Court. —Hon. Andrew Ellison, Judge. (1) Tbe facts stated in the petition entitled plaintiff to a decree cancelling said warranty deed on account of the fraud practiced by the defendants in procuring the same. It is true that no deception was practiced upon the plaintiff, and no false representations were made to it to induce it to part with any property. This, however, is not decisive as to the existence of fraud.
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Appeal from Macon Circuit Court. —Hon. Andrew Ellison, Judge. (1) Tbe facts stated in the petition entitled plaintiff to a decree cancelling said warranty deed on account of the fraud practiced by the defendants in procuring the same. It is true that no deception was practiced upon the plaintiff, and no false representations were made to it to induce it to part with any property. This, however, is not decisive as to the existence of fraud. We contend that any “contrivance and design between two or more parties to injure, a third person by depriv•ing him of some right, or otherwise impairing…
1Opinion of the CourtBurgess, J.
This is a suit in equity by plaintiff for the purpose of having a certain warranty deed in the petition described, purporting to convey a tract of forty acres of land in Macon county, of which plaintiff is the owner in fee and in possession, to defendants, declared null and void, and a decree entered cancelling and removing the same as being a cloud upon plaintiff’s title.
The petition charges that plaintiff was the owner and in possession of the land; that for some years prior to May 31, 1893, one William M. Blake, occupied some three or four *147acres of said land, and that about the 31st day of…
2Cases cited4 opinions
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
- Mason v. BlackSupreme Court of Missouri · 1885
- Dunklin County v. ClarkSupreme Court of Missouri · 1872
- Holland v. JohnsonSupreme Court of Missouri · 1883
3Cited by14 opinions
- Florida Land Rock Phosphate Co. v. AndersonSupreme Court of Florida · 1905
- Hughes v. NeelySupreme Court of Missouri · 1960
- Watts v. WattsSupreme Court of Missouri · 1924
- Henman v. WestheimerMissouri Court of Appeals · 1905
- Hurst v. KnightCourt of Appeals of Texas · 1914
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