Legal Opinion

Heady v. Hollman

Supreme Court of Missouri

Decided June 28, 1913PublishedCited by 9 opinions

Appeal from Greene Circuit Court. — Hon. George W. Goad, Special Judge. The title was defective and the grantors being insolvent authorized the relief demanded by appellants. Rozier v. Graham, 146 Mo. 352; Doener v. Doener, 161 Mo. 399; Emmerson v. Hughes, 110 Mo. 627; Wad-dell v. Waddell, 99 Mo. 338; Dennison v. Keasby, 200 Mo. 412; Bruce v. Wolfe, 102 Mo. App. 384; Coleman v. Clark, 80 Mo. App. 339; Eagan v. Martin, 81 Mo. App. 676; Thompson v. Dickson, 68 Mo.

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Appeal from Greene Circuit Court. — Hon. George W. Goad, Special Judge. The title was defective and the grantors being insolvent authorized the relief demanded by appellants. Rozier v. Graham, 146 Mo. 352; Doener v. Doener, 161 Mo. 399; Emmerson v. Hughes, 110 Mo. 627; Wad-dell v. Waddell, 99 Mo. 338; Dennison v. Keasby, 200 Mo. 412; Bruce v. Wolfe, 102 Mo. App. 384; Coleman v. Clark, 80 Mo. App. 339; Eagan v. Martin, 81 Mo. App. 676; Thompson v. Dickson, 68 Mo. App. 535; Whiteside v. Magender, 75 Mo. App. 364; Florida v. Morrison, 44 Mo. App. 364; Williamson v. Hall, 62 Mo. 406; Kellog v.…

1Opinion of the Court

BLAIR, C.

suit for of sale. This is a suit by the purchaser to rescind an executed sale of realty. The petition contains an alternative prayer for damages and a pro tanrt0 abatement of the purchase price. Allegations of fraud, misrepresentation of the title and insolvency of the warrantor are relied upon to confer jurisdiction in equity. There is also a prayer for the cancellation of a deed of trust executed by appellants to secure part of the purchase money, injunctive relief against its •enforcement during the pendency of the suit also being invoked.

The evidence shows that a preliminary…

2Cases cited10 opinions

  1. Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
  2. Dulaney v. BuffumSupreme Court of Missouri · 1903
  3. Waddell v. WaddellSupreme Court of Missouri · 1889
  4. McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
  5. Rogers v. WolfeSupreme Court of Missouri · 1890

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3Cited by9 opinions

  1. Nixon v. FranklinSupreme Court of Missouri · 1956
  2. Holzworth v. RothSouth Dakota Supreme Court · 1960
  3. McFarland v. BishopSupreme Court of Missouri · 1920
  4. Dunbar v. SimsSupreme Court of Missouri · 1920
  5. Mattingly v. WashburnSupreme Court of Missouri · 1946

4 more not listed; retrieve them via the Exa API.

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