Anderson v. Gaines
Supreme Court of Missouri
Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) A general warranty deed, like the one in question, can only be set aside when it is procured by fraud or undue influence, or by mistake, and such fraud, undue influence and mistake must be charged in the petition, and not only charged, but must be proved as charged.
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Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) A general warranty deed, like the one in question, can only be set aside when it is procured by fraud or undue influence, or by mistake, and such fraud, undue influence and mistake must be charged in the petition, and not only charged, but must be proved as charged. Brown v. Pickle, 135 Mo. 405; Taylor v. Crocket, 123 Mo. 300; Weiss v. Heitkamp, 127 Mo. 23; Eogers v. Eamey, 137 Mo. 598. (2) The statement in the deed following the description of the land, to the effect that the grantee was to support the grantors during their…
1Opinion of the CourtYalltant, J.
Suit in equity to set aside a deed.
The petition states substantially that in February, 1897, the plaintiffs, husband and wife, made a deed conveying certain land in Dent county and all the personal property owned by them to defendant; “that the whole consideration *667as expressed and agreed upon by plaintiffs and defendant,” was that defendant should support and- maintain the plaintiffs during their lives; that defendant has failed and refused to do as he agreed; that he is insolvent and unable to respond in damages for the breach of his agreement; that plaintiffs are old and helpless and…
2Cases cited3 opinions
- Studdard v. WellsSupreme Court of Missouri · 1894
- Taylor v. CrockettSupreme Court of Missouri · 1894
- Brown v. FickleSupreme Court of Missouri · 1896
3Cited by24 opinions
- Allan v. AllanSupreme Court of Missouri · 1963
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Rosek v. KotzurCourt of Appeals of Texas · 1924
- Strong v. WhybarkSupreme Court of Missouri · 1907
- Lee v. LeeSupreme Court of Missouri · 1914
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