Armstrong v. Logan
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) One who seeks relief in equity on the ground of fraud in procuring his signature to an instrument must prove the fraud alleged by substantial evidence, and the evidence must be clear and convincing. Jaclcson v. Wood, 88 Mo. 76; Shields v. Hicltey, 26 Mo.' App. 194. (2) Where actual fraud is charged, as in this case, it must be proved, not conjectured.
Read the full summary
Appeal from Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) One who seeks relief in equity on the ground of fraud in procuring his signature to an instrument must prove the fraud alleged by substantial evidence, and the evidence must be clear and convincing. Jaclcson v. Wood, 88 Mo. 76; Shields v. Hicltey, 26 Mo.' App. 194. (2) Where actual fraud is charged, as in this case, it must be proved, not conjectured. Facts which give rise only to suspicion of its existence do not establish it. Priest v. Way, 87 Mo. 16. (3) While fraud may be inferred, this does not mean that it may be…
1Opinion of the CourtSherwood, J.
Since this cause came to this court, and before its submission, the plaintiff has died and by consent the cause has been revived in the name of B. F. MeCluney, administrator, and Fannie Morris, devisee of the former plaintiff.
By this proceeding in equity it is sought to set aside a deed made by Jemima Armstrong to the defendant, whereby, after reserving to herself a life-estate therein, the grantor conveyed to defendant by general warranty lot number 2 in Solomon’s south addition to the town of Warrensburg.
This conveyance was made upon the expressed consideration of $1, never paid, and the…
2Cited by1 opinion
- Obst v. UnnerstallSupreme Court of Missouri · 1904