Cadwallader v. West
Supreme Court of Missouri
Appeal from Second District Court. I. When a deed has been made by. a.weak.jperson in favor of' one who stood toward him in. a relation of confidence, and the-,.provisions of the deed are .unreasonable or .extraordinary, :or the-consideration is. nugatory or insufficient, or.when a pecuniary consideration is.set forth contrary to the truth — or more strongly still,, where practicing .or influence has been actually ¡used. ..to> .induce the execution — the deed will.be set.…
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Appeal from Second District Court. I. When a deed has been made by. a.weak.jperson in favor of' one who stood toward him in. a relation of confidence, and the-,.provisions of the deed are .unreasonable or .extraordinary, :or the-consideration is. nugatory or insufficient, or.when a pecuniary consideration is.set forth contrary to the truth — or more strongly still,, where practicing .or influence has been actually ¡used. ..to> .induce the execution — the deed will.be set. .aside. - If, ,in j3uch ..case, an advantage is.gained .by,the. grantee., undue, influence,is. presumed. (Hill.pn^Trust.…
1Opinion of the CourtCurrier, Judge
This suit was brought by the heirs at law of Isaac Cadwallader, deceased, to set aside the latter’s deed to the late Dr. William West, dated January 15, 1863, as also a confirmatory conveyance of a later date. As the two instruments must stand or fall together, it will not be necessary to refer particularly to the second or confirmatory deed.
As grounds for setting aside the deed of January 15, 1863, it is alleged that West procured its execution through fraud, imposition and undue influence; that the consideration was inadequate, and that Cadwallader executed it without understanding its true…
2Cited by31 opinions
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- Gay v. GillilantSupreme Court of Missouri · 1887
- Cook v. HigginsSupreme Court of Missouri · 1921
- Bogie v. NolanSupreme Court of Missouri · 1888
- Cornet v. CornetSupreme Court of Missouri · 1913
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