Pelz v. Bollinger
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The testimony offered by the plaintiff and rejected by the court would have conclusively established the fact that the pretended decree was never rendered by the court. Courts of equity have power to set aside decrees obtained by such fraudulent and corrupt practices.
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Transferred from St. Louis Court of Appeals. (1) The testimony offered by the plaintiff and rejected by the court would have conclusively established the fact that the pretended decree was never rendered by the court. Courts of equity have power to set aside decrees obtained by such fraudulent and corrupt practices. Black on Judgments, sec. 290; Millspaug’h v. McBride, 7 Paige 509; Baldwin v. Davidson, 139 Mo. 13; Mayberry v. McClurg, 51 Mo. 256; Miles v. Jones, 28 Mo. 87; Harris v. Terrell, 38 Mo. 421; Smith v. Sims, 77 Mo. 269. (2) The findings of fact in the said pretended decree are false…
1Opinion of the CourtBurgess, J.
The object of this suit is to have set aside and for naught held, a judgment and decree rendered in the circuit court of Butler county, in an action wherein the defendant in this suit was plaintiff, and Christopher Goodson and the plaintiff herein were defendants, in which it was adjudged and decreed that the title to certain lands therein described, of which plaintiff Pelz claimed to be the owner, be divested out of him, the said Goodson, and be vested in the plaintiff, Solomon Bollinger, free from any claim of the defendants, Christopher Goodson or Sallie Pelz, or either of them in and to…
2Cases cited12 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- State v. BowenSupreme Court of Kansas · 1876
- Nichols v. StevensSupreme Court of Missouri · 1894
- Payne v. O'SheaSupreme Court of Missouri · 1884
- Murphy v. De FranceSupreme Court of Missouri · 1890
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3Cited by15 opinions
- Louisiana State Bar Ass'n v. ConnollySupreme Court of Louisiana · 1942
- State v. HaneySupreme Court of Missouri · 1955
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
- Byrd v. BrownMissouri Court of Appeals · 1981
- Partlow v. StateIndiana Supreme Court · 1924
10 more not listed; retrieve them via the Exa API.