Knoop v. Kelsey
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hoe. Richard Field, Judge. (1) The circuit court erred in sustaining the demurrer to the petition. The facts stated entitled the plaintiff to equitable relief. The deed of trust was apparently valid. All the parties acted under a mistake of fact, and under the mistaken belief that the deed of trust was for a Iona fide debt. The sheriff’s sale should be set aside. A court of equity will interfere in cases of mistake.
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Appeal from Pettis Circuit Court. — Hoe. Richard Field, Judge. (1) The circuit court erred in sustaining the demurrer to the petition. The facts stated entitled the plaintiff to equitable relief. The deed of trust was apparently valid. All the parties acted under a mistake of fact, and under the mistaken belief that the deed of trust was for a Iona fide debt. The sheriff’s sale should be set aside. A court of equity will interfere in cases of mistake. Griffith v. Townley, 69 Mo. 13; Heint.se v. Bently, 34 N. J. Eq. 562; Bently v. Heintse, 33 N. J. Eq. 405; Hunt v. Fisher, 29 Fed. Rep. 801.…
1Opinion of the CourtMa.cfa.bla.NE, J.
The suit is to set aside, as fraudulent, a deed of trust on a farm of about four hundred acres, situate in Morgan county, made by defendant J. B. Kelsey to Charles C. Nixon, in trust *647to secure the payment of a note for $3,000 payable to defendant Charles T. Kelsey, and also to set aside a sheriff’s sale of the same land to defendant Huffman, under certain judgments against said J. B. Kelsey, one of which was in favor of plaintiff, for about $1,700, and also the deeds by the sheriff to the purchaser. The deed of trust was recorded prior to the rendition of the judgment. A demurrer to the…
2Cases cited5 opinions
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Cobb v. DaySupreme Court of Missouri · 1891
- Phillips v. StewartSupreme Court of Missouri · 1875
- Briant v. JacksonSupreme Court of Missouri · 1889
- Walters v. HermannSupreme Court of Missouri · 1889
3Cited by8 opinions
- Davis v. McCannSupreme Court of Missouri · 1898
- Guinan v. DonnellSupreme Court of Missouri · 1907
- Yellow Manufacturing Acceptance Corp. v. American Taxicabs, Inc.Supreme Court of Missouri · 1939
- Wertheimer-Swartz Shoe Co. v. WybleSupreme Court of Missouri · 1914
- Kingman Plow Co. v. KnowltonSupreme Court of Iowa · 1909
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