Freeland v. Eldridge
Supreme Court of Missouri
Appeal from Weston Court of Common Pleas. 1. The relief sought is exclusively a matter of equity jurisdiction, and the appeal therefore subjects the whole case, fact and law, to the review of this court. 2. The evidence does not repel the presumption of the fairness of the conveyance, or establish.the alleged fraud. 1. The facts found by the court below warranted the decree. 1 Story’s Eq. §238. Bridgman v. Green, 2 Yesey, sr. 626. Clarkson v. Hen-way, 2 P. Will.
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Appeal from Weston Court of Common Pleas. 1. The relief sought is exclusively a matter of equity jurisdiction, and the appeal therefore subjects the whole case, fact and law, to the review of this court. 2. The evidence does not repel the presumption of the fairness of the conveyance, or establish.the alleged fraud. 1. The facts found by the court below warranted the decree. 1 Story’s Eq. §238. Bridgman v. Green, 2 Yesey, sr. 626. Clarkson v. Hen-way, 2 P. Will. Rep. 203. Griffith v. Robins, 2 Madd. Rep. 105. Underwood v. Brockman, 4 Dana, 319. 2. No motion for a review having been made, if…
1Opinion of the CourtGamble, Judge
1. In this case the trial was by the court, and the judgment was rendered for the plaintiff. The decision of the court, finding the facts and pronouncing the law, was made, but no application for a review was made in conformity to the code of *326practice. This court can in such case look only to the decision of the court below, to see whether the facts found warrant the judgment which has been rendered.
2. The petition seeks to set aside a conveyance made by plaintiff to defendant, on the ground that it was obtained from the plaintiff without any consideration, and by practising upon his fears,…
2Cited by6 opinions
- Turner v. TurnerSupreme Court of Missouri · 1869
- Clough v. AdamsSupreme Court of Iowa · 1887
- Culbertson v. YoungMissouri Court of Appeals · 1900
- White v. WalkerSupreme Court of Missouri · 1856
- Porter v. United Railways Co.Missouri Court of Appeals · 1912
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