Spratt v. Early
Supreme Court of Missouri
Appeal from Buebanan Circuit Court. — Hon. W. K. James, Judge. (1) The only cause of action alleged in plaintiff’s petition is that the deed under review was made without any consideration whatever and with fraudulent intent, etc. No evidence whatever was introduced in support of this allegation;1 and a finding or judgment unsupported by evidence should be set aside.
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Appeal from Buebanan Circuit Court. — Hon. W. K. James, Judge. (1) The only cause of action alleged in plaintiff’s petition is that the deed under review was made without any consideration whatever and with fraudulent intent, etc. No evidence whatever was introduced in support of this allegation;1 and a finding or judgment unsupported by evidence should be set aside. Oallahan v. Wame, 40 Mo. 132; Boland v. Bailroad, 36 Mo. 491; E. S. 1899, secs. 798, 799. It would appear from the findings of fact as made by the court, that it went outside of the pleadings, and engrafted new issues into the…
1Opinion of the CourtGantt, J.
— On October 18, 1899; the plaintiff instituted this suit in equity to set aside a deed from Daniel II. Duffy and wife to their co-defendant, Daniel H. Early, and to subject the lot of land described in said deed to the lien of a judgment obtained by plaintiff against said Daniel H. and Elizabeth Duffy his wife, in the circuit court of Buchanan county at the September term, 1898.
The plaintiff alleges that he obtained said judgment on a note executed by Daniel and Elizabeth Duffy on April 16, 1894, for $695.53, to one John Yahey, which, for value received, said Yahey assigned to plaintiff. He…
2Cases cited10 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Macke v. ByrdSupreme Court of Missouri · 1895
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- West v. McMullenSupreme Court of Missouri · 1892
- State ex rel. Meinzer v. DivelingSupreme Court of Missouri · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- May v. GiblerSupreme Court of Missouri · 1928
- Spratt v. EarlySupreme Court of Missouri · 1906
- In re SullivanCourt of Appeals for the Eighth Circuit · 1906
- In Re MyersDistrict Court, W.D. Missouri · 1973
- Ludwig v. CarrMissouri Court of Appeals · 1922