Turner v. Turner
Supreme Court of Missouri
Jlppeal from Fourth District Court. The facts appear in the opinion of the court. T. The defendant acquired the title to her.property by “ actual fraud, arising from plain facts and circumstances of imposition.” (Chesterfield v. Jansen, 2 Ves., Sr. 155.) “Fraud or covin may, in judgment of law, avoid every kind of act.” (Bright, Ex’r, v. Eynon, 1 Burr. 390 — see p. 395, at bottom — citing Fermon’s case, 3 Co. 77.) II.
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Jlppeal from Fourth District Court. The facts appear in the opinion of the court. T. The defendant acquired the title to her.property by “ actual fraud, arising from plain facts and circumstances of imposition.” (Chesterfield v. Jansen, 2 Ves., Sr. 155.) “Fraud or covin may, in judgment of law, avoid every kind of act.” (Bright, Ex’r, v. Eynon, 1 Burr. 390 — see p. 395, at bottom — citing Fermon’s case, 3 Co. 77.) II. Courts of chancery have an undoubted jurisdiction to relieve against every species of fraud. (1 Hovenden, 17.) Where a father obtains an absolute conveyance from a daughter, in…
1Opinion of the CourtWagner, Judge
This was a petition in the nature of a bill in equity, seeking relief from a conveyance made at plaintiff’s instance and request to defendant, and asking that the title to certain property therein conveyed be divested from the defendant and restored to the plaintiff. The petition states that the plaintiff and defendant were legally married, and were living together as man and wife, when the plaintiff purchased of W. P. Linder and paid for two several lots of ground in Linder’s addition to the town, of Kirks-ville, in Adair county; that defendant begged and importuned plaintiff to have the…
2Cases cited5 opinions
- M'Cormick v. MalinIndiana Supreme Court · 1841
- Whelan v. WhelanNew York Supreme Court · 1824
- Alexander v. WarranceSupreme Court of Missouri · 1852
- Freeland v. EldridgeSupreme Court of Missouri · 1854
- Cruger v. DouglasNew York Court of Chancery · 1845
3Cited by19 opinions
- Thomas v. ThomasSupreme Court of Oklahoma · 1910
- Basye v. BasyeIndiana Supreme Court · 1899
- Ellis v. FarmerSupreme Court of Missouri · 1956
- Judd v. JuddMichigan Supreme Court · 1916
- Fischer v. FischerIllinois Supreme Court · 1910
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