Brooks v. Owen
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The petition does not show any ground for ■equitable relief. (2) The only evidence for the plaintiff is his own, and, as the circuit court held, that was not sufficient. The testimony of Louis H. Owen outweighs it, and Owen is corroborated by many circum■cumstances.
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Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The petition does not show any ground for ■equitable relief. (2) The only evidence for the plaintiff is his own, and, as the circuit court held, that was not sufficient. The testimony of Louis H. Owen outweighs it, and Owen is corroborated by many circum■cumstances. (3) The plaintiff does not allege or testify to anything which constitutes fraud, for, according to his statement, he accepted the deed, relying upon Louis H. Owen in the future having the notes released. As shown by the authorities, this is not fraud. (4) The…
1Opinion of the CourtThomas, J.
This is á suit to enjoin a trustee’s sale and to cancel the deed of trust on which the sale was to have been made, and also to cancel two certain notes of $5,000 each, secured by said deed of trust. The decree was to the effect that the said notes and deed of trust be canceled upon the plaintiff paying into court $1,500 and interest, amounting to $1,699.50, for the use and benefit of defendant, Sophia C. Owen. The plaintiff paid the sum, as required by the decree, into court, but said Sophia C. Owen refused to accept any part of it. All parties, including both plaintiff and the defendants,…
2Cases cited18 opinions
- In Re the Estate of GihonNew York Court of Appeals · 1902
- Williams v. ForbesIllinois Supreme Court · 1885
- Fink v. CoxNew York Supreme Court · 1820
- Weed Sewing Machine Co. v. EmersonMassachusetts Supreme Judicial Court · 1874
- Simpson Centenary College v. TuttleSupreme Court of Iowa · 1887
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3Cited by15 opinions
- Fontana Land Co. v. LaughlinCalifornia Supreme Court · 1926
- School District v. SheidleySupreme Court of Missouri · 1897
- Groh v. SheltonMissouri Court of Appeals · 1968
- Gallagher v. Edison Illuminating Co.Missouri Court of Appeals · 1897
- Stough v. Badger Lumber Co.Supreme Court of Kansas · 1905
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