Vallé's Heirs v. Fleming's Heirs
Supreme Court of Missouri
Appeal from Madison Circuit Court. This was an action in the nature of ejectment. The plaintiffs, who are sis of the seven heirs of C. C. Vallé, deceased, claim six-sevenths of one-third less three fifty-sixths of the Mine La Motte tract, containing about 24,000 acres. The case has heretofore been in the supreme court, whose decision is reported in 19 Mo. 454. The cause being remanded, the defendants, the heirs of Thomas Fleming, filed an amended answer.
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Appeal from Madison Circuit Court. This was an action in the nature of ejectment. The plaintiffs, who are sis of the seven heirs of C. C. Vallé, deceased, claim six-sevenths of one-third less three fifty-sixths of the Mine La Motte tract, containing about 24,000 acres. The case has heretofore been in the supreme court, whose decision is reported in 19 Mo. 454. The cause being remanded, the defendants, the heirs of Thomas Fleming, filed an amended answer. In this answer the defendants set up, as a bar to the recovery of one-half the land sought to be recovered, a-deed executed in 1848 by the…
1Opinion of the CourtNapion, Judge
Assuming the deed from Valle’s administrator in 1838 to be void, by reason of the failure of the administrator to comply with the requirements of the statute, as was held by this court when the case was here before, the only question for our determination now is, whether the defence set up in the answer is a valid one in equity.
The maxim of the common law “ nemo debet locupletari ex alterius incommodo” is one of those general principles of natural equity which receive at once, without examination or discussion, the approbation of every cultivated and well regulated mind. The same maxim,…
2Cases cited3 opinions
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Putnam v. RitchieNew York Court of Chancery · 1837
- Heath v. DaggettSupreme Court of Missouri · 1855
3Cited by64 opinions
- Crippen v. ChappelSupreme Court of Kansas · 1886
- Davis v. GainesSupreme Court of the United States · 1881
- Effinger v. HallSupreme Court of Virginia · 1885
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
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