Bushnell v. Loomis
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. J. W. Alexander, Judge. (1) If the plaintiff Anua M. Bushnell was importuned by Timbro ok to sign the 'deed of trust, and to induce her to sign he made the statement to her that these papers were to protect her husband against the prosecutions of the Bank of Dawn and to save him of this trouble, then her signature was «obtained by duress.
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Appeal from Livingston Circuit Court. — Hon. J. W. Alexander, Judge. (1) If the plaintiff Anua M. Bushnell was importuned by Timbro ok to sign the 'deed of trust, and to induce her to sign he made the statement to her that these papers were to protect her husband against the prosecutions of the Bank of Dawn and to save him of this trouble, then her signature was «obtained by duress. Bell v. Campbell, 123 Mo. 1; Earl v. Norfolk, 36 N. J., Eq. 192. (2) The plaintiff being influenced by tbe threats, or covert acts of the defendant, is entitled to have the deed of trust cancelled for duress.…
1Opinion of the Court
GRAVES, J..
— This cause has been certified to this court by the Kansas City Court of Appeals, on the ground that title to real estate is involved. The petition is one seeking to.cancel and annul a deed of trust given upon the alleged homestead of the plaintiffs who are husband and wife. Defendant, Charles A. Loomis, is the trustee in such deed of trust, and defendants I. M. and George Timbrook are the executors of Henry Timbrook, deceased. In the petition it is charged that on August 26, 1895, and for some time prior thereto, plaintiff Henry Bushnell was the president of the “Bank of Dawn,” a…
2Cases cited28 opinions
- Morris v. WardSupreme Court of Kansas · 1869
- Beecher v. BaldyMichigan Supreme Court · 1859
- Dye v. MannMichigan Supreme Court · 1862
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Green v. MarksIllinois Supreme Court · 1860
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3Cited by31 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
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- Matter of Estate of DodgeColorado Court of Appeals · 1984
- State v. ThomastonMissouri Court of Appeals · 1987
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