Huffman v. Huffman
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — No». D. E. Eby, Judge. The court should have set aside and declared null and void the deed in controversy, under all the evidence. Where one stands in relations of trust and confidence with another who is old and failing in mind, the law will presume a contract between them to have been the result of undue .influence emanating from the stronger party.
Read the full summary
Appeal from Monroe Circuit Court. — No». D. E. Eby, Judge. The court should have set aside and declared null and void the deed in controversy, under all the evidence. Where one stands in relations of trust and confidence with another who is old and failing in mind, the law will presume a contract between them to have been the result of undue .influence emanating from the stronger party. And where a deed is made under such' circumstances, and the terms • are extraordinary or unreasonable, or the consideration nugatory or insufficient, or where the consideration is set forth contrary to the…
1Opinion of the Court
IN BANC.
2Per curiam
The following opinion delivered by Valliant, P. J., in Division No. 1, is adopted as the opinion of the Court in Banc.
All concur except Woodson, J., who files a dissenting opinion.
IN DIVISION ONE.
VALLIANT, P. J.
Rebecca Huffman, who has died since this appeal has been pending, and whose executor has been made a party herein, was the widow, and the other parties, plaintiffs and the defendant, are the children1 and heirs at law of Jacob F. Huffman, deceased, who died intestate February 29, 1904. Six days before his death, he executed a deed conveying to his son William T., the defendant,…
3Cases cited1 opinion
- Bonsal v. RandallSupreme Court of Missouri · 1905
4Cited by31 opinions
- In Re Adoption of Children N.New Jersey Superior Court Appellate Division · 1967
- Neville v. D'OenchSupreme Court of Missouri · 1931
- Jones v. ThomasSupreme Court of Missouri · 1909
- Henderson v. StateSupreme Court of Arkansas · 1974
- Vining v. Ramage.Supreme Court of Missouri · 1928
26 more not listed; retrieve them via the Exa API.