Earl v. Hart
Supreme Court of Missouri
Appeal from St. Louis Qourt of Appeals. (1) There was no fraud in this transaction on the part of Spelman or Collins, nor was any fraud contemplated by anybody at the time the transactions took place. Fraud has since been concocted. to defeat Collins from recovering the interest on his estate, which he bought and paid full value for.
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Appeal from St. Louis Qourt of Appeals. (1) There was no fraud in this transaction on the part of Spelman or Collins, nor was any fraud contemplated by anybody at the time the transactions took place. Fraud has since been concocted. to defeat Collins from recovering the interest on his estate, which he bought and paid full value for. (a) Every presumption, both of law and of fact, is in favor of the fairness of the transaction, and of the decree of this court rendered on the evidence. Funkhouser t>. Lay, 78 Mo. 458. (b) There is absolutely uo testimony impeaching or tending to impeach the…
1Opinion of the CourtBrack, J.
This was a suit for the partition of certain real estate. The pleadings disclosed adverse claim of the defendants, George W. Hart and Nelson R. Collins, to the one-third interest formerly owned by Henry P. Hart. There was an order of sale of the whole of the premises, the court reserving the right to determine *267to which of the claimants the disputed interest belonged,, and to whom the proceeds should be paid. Subsequently George W. Hart filed in the cause his verified petition claiming the money, and setting out his title, which the proof shows to be as follows : On the fourth of January,…
2Cases cited3 opinions
- Lee v. KaiserSupreme Court of Missouri · 1883
- Turner v. NorthcutSupreme Court of Missouri · 1845
- Westpheling v. EnrightSupreme Court of Missouri · 1875
3Cited by15 opinions
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
- Fenn v. ReberMissouri Court of Appeals · 1910
- Benoist v. ThomasSupreme Court of Missouri · 1894
- Silent Automatic Sales Corp. v. StaytonCourt of Appeals for the Eighth Circuit · 1930
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