Sayer v. Devore
Supreme Court of Missouri
Appeal .from, Yernon Circuit Court. — Hon. Chas. Gr. '.Burton, Judge. (1) Plaintiffs’ petition does not statc^facts sufficient to constitute any cause of action agains\ defendants, and the trial court erred in admitting, on the.trial, over the objections of defendants, any evidence whatever, and in overruling defendants’ motion in arrest of judgment. When a case is constituted of frauds, it must be fully stated of what the fraud consisted, and how it was affected.
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Appeal .from, Yernon Circuit Court. — Hon. Chas. Gr. '.Burton, Judge. (1) Plaintiffs’ petition does not statc^facts sufficient to constitute any cause of action agains\ defendants, and the trial court erred in admitting, on the.trial, over the objections of defendants, any evidence whatever, and in overruling defendants’ motion in arrest of judgment. When a case is constituted of frauds, it must be fully stated of what the fraud consisted, and how it was affected. In all cases where the cancellation of a deed is sought, as in this case, courts of equity will not grant relief unless the court…
1Opinion of the CourtRay, C. J.
This is a suit in equity, brought in the circuit court of Jasper county, and, by change of venue, *440tried and determined in the circuit court of Vernon county, Missouri. A separate demurrer on the' part of Jasper county was sustained, and the cause dismissed as to the county. The parties have submitted and acquiesced, so far as this record discloses, in the ruling-in this behalf, and this branch of the case, so far as the county is concerned, is not before us.
The main object of the action is to set aside and hold for naught two certain quitclaim deeds from plaintiffs to defendants, Devore and…
2Cited by5 opinions
- Wallach v. JosephSupreme Court of Missouri · 1967
- Skinner v. WhitlowMissouri Court of Appeals · 1913
- Weaver v. HarlanMissouri Court of Appeals · 1892
- Kinzer v. KinzerSupreme Court of Missouri · 1895
- Greditzer v. Continental InsuranceMissouri Court of Appeals · 1902