Leslie v. Carter
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The plaintiff’s laches, and especially with her warning and information from others adverse.to defendant’s good faith towards her, for at least two years, according to her oym testimony, about .a matter so open to inquiry; and her express acquiescence in the conveyance, as shown by her conduct and letters, from time to time, for nearly two and one-half years before suit, constitute an effectual bar against her…
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The plaintiff’s laches, and especially with her warning and information from others adverse.to defendant’s good faith towards her, for at least two years, according to her oym testimony, about .a matter so open to inquiry; and her express acquiescence in the conveyance, as shown by her conduct and letters, from time to time, for nearly two and one-half years before suit, constitute an effectual bar against her as to any remedy, under the well established rules of equity. Kerr on Frauds and Mistake, 299, 305; Klive v. Yogel, 90…
1Opinion of the CourtValliant, J.
This is a suit in equity to annul a deed made by plaintiff conveying her one-fifth interest in 538 acres of land in Jasper county to defendant Carter, on the ground that it was obtained by fraud, pnd to annul also a deed from Carter conveying the same interest to defendant Byrd, on the ground that it was without consideration and made to further the fraudulent purpose by which defendant Carter obtained the deed from plaintiff. Plaintiff tenders back the purchase money paid her by Carter and prays an account of rents and profits. Defendant Carter’s answer was a general denial; defendant Byrd’s…
2Cited by7 opinions
- Blakeley v. BradleySupreme Court of Missouri · 1955
- Leslie v. CarterSupreme Court of Missouri · 1916
- Hagan v. LantrySupreme Court of Missouri · 1935
- Rosenthal v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1938
- Blakeley v. BradleySupreme Court of Missouri · 1955
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