Kline v. Vogel
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. (1) The resident plaintiff and the one acting for all the others was lulled into security by the promise of Vogel to take a quit-claim deed to the land in full settlement of the note. (2) The price paid for the property was grossly inadequate. Besides, the seven distinct houses were sold as one.
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Appeal from, St. Louis Court of Appeals. (1) The resident plaintiff and the one acting for all the others was lulled into security by the promise of Vogel to take a quit-claim deed to the land in full settlement of the note. (2) The price paid for the property was grossly inadequate. Besides, the seven distinct houses were sold as one. This court has said that “where the transaction discloses a state of affairs that shocks the moral sense or outrages the conscience, courts, will interfere on slight circumstances to promote the ends of justice.” Durfee v. Morgan, 57 Mo. 879 ; see also Stoffel…
1Opinion of the Court
Shebwood, J. —
-This is an equitable proceeding, having for its object the setting aside of a sale made under a deed of trust and for permission to redeem the property ; for an accounting of rents and profits, and that the title be decreed to vest in plaintiffs on payment by them of the balance found to be due Yogel, and for general relief. Hesse was once owner of the property. In 1874 he incumbered the same by a deed of trust to secure a loan of five thousand dollars, having three years to run. Yogel became the owner and holder of the notes •secured by the trust deed. Hesse sold theproperty…
2Cases cited11 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Badger v. BadgerSupreme Court of the United States · 1865
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Whelan v. ReillySupreme Court of Missouri · 1876
- Webster v. FrenchIllinois Supreme Court · 1849
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3Cited by25 opinions
- Jones v. McGonigleSupreme Court of Missouri · 1931
- McCann v. WelchWisconsin Supreme Court · 1900
- State Ex Rel. Couplin v. HostetterSupreme Court of Missouri · 1939
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Snadon v. GayerMissouri Court of Appeals · 1978
20 more not listed; retrieve them via the Exa API.