Clark v. Carter
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Plaintiff bases Ms cause of action on false and fraudulent representations and also on a mutual mistake of law and facts. One alleging false and fraudulent representations must prove the facts as alleged. In other words, fraud will not he presumed but must be proved. Edwards v. Noell, 88 Mo.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Plaintiff bases Ms cause of action on false and fraudulent representations and also on a mutual mistake of law and facts. One alleging false and fraudulent representations must prove the facts as alleged. In other words, fraud will not he presumed but must be proved. Edwards v. Noell, 88 Mo. App. 434. Where fraudulent representations are made and the party to whom they are made does not rely on them, but seeks from other quarters to verify the statement, he cannot afterwards claim deceit was practiced on him. Anderson v. McPike,…
1Opinion of the CourtWoodson, J.
— This is the second appeal of this cause to this court. The opinion delivered upon the former appeal is reported in the 200 Mo. 515'.
The present suit is to set aside and cancel an executrix’s deed, conveying certain real estate to plaintiff, upon the grounds of mistake, to declare null and void a certain promissory note, given in part payment of the purchase money of said land, and a deed of trust conveying the same land to G. H. Carter, trustee, to secure the payment of said note, and to recover $500', a part of the .purchase money paid at the time of the execution of the executrix’s deed.…
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