Castleman v. Castleman
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Hon. John A. Hockaday, Judge. (1) A bill to set aside and cancel a deed conveying land is not a suit affecting the title to real estate within the meaning of the statute' requiring such suits to- be instituted in the county where the land lies. 18 Ency.
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Appeal from Howard Circuit Court. — Hon. John A. Hockaday, Judge. (1) A bill to set aside and cancel a deed conveying land is not a suit affecting the title to real estate within the meaning of the statute' requiring such suits to- be instituted in the county where the land lies. 18 Ency. PL and Pr., 790; Johnston v. Wadsworth, 24 Ore. 497; Olney v. Eaton, 66 Mo. 567; State ex rel. v. Zaehritz, 166 Mo. 313. Judicial rescission is an exclusively equitable remedy by bill. 18 Ency. Pl. and Pr., 752. “In cases of fraud the jurisdiction of a court of chancery is sustained wherever the person is…
1Opinion of the CourtValliant, J.
This is a suit in equity to set aside two deeds, one . by the plaintiff and wife to one Rutherford, the other by Rutherford and wife to defendant.
The suit was begun in the circuit court of Cooper county, taken by change of venue, on motion of the defendant, to Howard county, where it was tried and final judgment was rendered for the plaintiff cancelling the deeds, reinvesting the title in plaintiff, stating an account between the parties, giving defendant credit for *438the money paid for the cancelled deed, and decreeing partition of the land between plaintiff and defendant, from which judgment…
2Cases cited17 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Belknap v. . SealeyNew York Court of Appeals · 1856
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Griffith v. TownleySupreme Court of Missouri · 1878
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
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3Cited by23 opinions
- State Ex Rel. Minihan v. AronsonSupreme Court of Missouri · 1942
- Rice v. GriffithSupreme Court of Missouri · 1942
- Howell v. ReynoldsSupreme Court of Missouri · 1952
- McLain v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- Crecelius v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1920
18 more not listed; retrieve them via the Exa API.