Cohron v. Polk
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Eon. C. A. Mosman, Judge. (1) Defendant’s demurrer should have been sustained. Plaintiff’s petition was fatally defective in that it did not allege a willingness on the part of the plaintiff to refund to the defendant all money necessary to place him in statu quo.
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Appeal from Buchanan Circuit Court. — Eon. C. A. Mosman, Judge. (1) Defendant’s demurrer should have been sustained. Plaintiff’s petition was fatally defective in that it did not allege a willingness on the part of the plaintiff to refund to the defendant all money necessary to place him in statu quo. Wells v. Mutual Benefit Association, 126 Mo. 638; Jamison v. Culligan, 151 Mo. 416; McKenzie v. Donnell, 151 Mo. 456; Rhoades v. Fuller, 139 Mo. 179. The failure to make such allegation in the petition was fatal as ■ a matter of law and was not cured by verdict of the court. Wells v. Mutual…
1Opinion of the Court
W. CHRISTY BRYAN, Special Judge
This is a suit by respondents, claiming under the will of Rachel Botts, deceased, to set aside and cancel a deed made by their said testatrix to appellant, by which, for a recited consideration of $300, she conveyed to appellant, subject to a life estate reserved to herself, the south one-half of lot Six in Block One, Kemper’s Addition to the city of St. Joseph, Buchanan county, Missouri.
The grounds on which relief is sought are:
1st. That the grantor, owing to old age and illness did not have mental capacity to make said deed.
*2662nd. That said deed was procured by…
2Cases cited12 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- State ex rel. Walker v. DobsonSupreme Court of Missouri · 1896
- Huffman v. HuffmanSupreme Court of Missouri · 1909
- Jones v. ThomasSupreme Court of Missouri · 1909
- Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hamilton v. SteiningerSupreme Court of Missouri · 1943
- Lastofka v. LastofkaSupreme Court of Missouri · 1936
- Ulrich v. ZimmermanSupreme Court of Missouri · 1942
- McConnell v. DealSupreme Court of Missouri · 1922
- Whetsel v. ForgeySupreme Court of Missouri · 1929
5 more not listed; retrieve them via the Exa API.