Brocking v. Straat
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. 'Á court of equity will not reform a deed, the mistakes of which “the parties thereto are ready and willing to correct.” — Laver v. Dennett, 109 U. S. 98. One who is not a grantee for value has no standing in equity as against an innocent third person. — Martin v. Jones, 72 Mo. 26 ; Fox v. Hall, 74' Mo. 317. A deed, particularly an acknowledged deed (Young v. Duvall, 109 U.” S. 577) will never be reformed on the evidence of…
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Appeal from the St. Louis Circuit Court, Horner, J. 'Á court of equity will not reform a deed, the mistakes of which “the parties thereto are ready and willing to correct.” — Laver v. Dennett, 109 U. S. 98. One who is not a grantee for value has no standing in equity as against an innocent third person. — Martin v. Jones, 72 Mo. 26 ; Fox v. Hall, 74' Mo. 317. A deed, particularly an acknowledged deed (Young v. Duvall, 109 U.” S. 577) will never be reformed on the evidence of interested parties alone. — Fessenden v. Oelcington, 20 Me. Certainly not when the reformation is sought by one member…
1Opinion of the CourtRombauer, J.
This is an action to reform a deed of trust, in regard to the description of property intended to. be conveyed thereby and for incidental relief.
• Plaintiffs aver in their petition that on January 28, 1879, George Rinkel, Jr., was indebted -to Susanna Brooking for money loaned by her to him. That he executed to her a note for $2000.00 payable three years after date, and himself and his wife, Catharine, conveyed to Sutter, as trustee for said Brooking, to secure the payment of said note, lot 4 in block 4 of Gamble’s Rose Hill subdivision, having a front of 217 by a depth- of 358 feet, which…
2Cases cited8 opinions
- Reed v. OwnbySupreme Court of Missouri · 1869
- Young v. DuvallSupreme Court of the United States · 1883
- Rhodes v. OutcaltSupreme Court of Missouri · 1871
- Welton v. TizzardSupreme Court of Iowa · 1864
- Goodman v. SimondsSupreme Court of Missouri · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Citizens' National Bank v. JudyIndiana Supreme Court · 1896
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- Benn v. PritchettSupreme Court of Missouri · 1901
- Snider v. MillerMissouri Court of Appeals · 1961
- Elliott v. SheppardSupreme Court of Missouri · 1904
4 more not listed; retrieve them via the Exa API.