Heard v. Sack
Supreme Court of Missouri
Appeal from Johnson Circuit Court.—IIon. Noah M. Givan, Judge. The court in refusing to submit to the jury the second issue, as requested by appellants, ignored the question of appellants’ notice of the insanity of respondent. In cases of simple contracts, it has always been held that wnere one has contracted in good faith, without notice of lunacy, equity will not rescind the contract on that ground. Lancaster Co. Bank v. Moore, 78 Pa.
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Appeal from Johnson Circuit Court.—IIon. Noah M. Givan, Judge. The court in refusing to submit to the jury the second issue, as requested by appellants, ignored the question of appellants’ notice of the insanity of respondent. In cases of simple contracts, it has always been held that wnere one has contracted in good faith, without notice of lunacy, equity will not rescind the contract on that ground. Lancaster Co. Bank v. Moore, 78 Pa. St. 407; Mathiessen v. McMahan, 88 N. J. L. 537; Lincoln v. Buckmaster, 32 Vt. 652; Gauzcr v. Skimmer, 1 McCarter 389; Elliott v. Luce, 7 D. G. & M. G. 475;…
1Opinion of the Court
Philips, C.
—A. J.Heard was the owner of certain real estate in Johnson county, which was sold under judgment of the circuit court of said county, for unpaid taxes. The defendants became the purchasers at said sale of said lands and received a deed therefor. In the tax suit personal service was had on said Heard, and the judgment is admitted by this suit to have been regular on the face of the record. This suit is brought by Heard, through his guardian, to set aside said deed and to restore to him his land, for the reason alleged, that at the time of the accruing of said taxes, as well as the…
2Cases cited15 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Hardin v. LeeSupreme Court of Missouri · 1873
- Reeve v. KennedyCalifornia Supreme Court · 1872
- Gott v. PowellSupreme Court of Missouri · 1867
- Stigers v. BrentCourt of Appeals of Maryland · 1879
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3Cited by14 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Dugan v. ScottMissouri Court of Appeals · 1889
- Dunn v. DunnMissouri Court of Appeals · 1948
- Crow Ex Rel. Terry v. Crow-HumphreySupreme Court of Missouri · 1934
- Montagne v. Cherokee CountySupreme Court of Iowa · 1925
9 more not listed; retrieve them via the Exa API.