Legal Opinion

Wilson v. Jackson

Supreme Court of Missouri

Decided February 19, 1902PublishedCited by 5 opinions

Appeal from Harrison Circuit Court. — lion. P. 0. Stepp, Judge. • (1) The evidence is wholly insufficient to show that defendant was incompetent to contract.

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Appeal from Harrison Circuit Court. — lion. P. 0. Stepp, Judge. • (1) The evidence is wholly insufficient to show that defendant was incompetent to contract. The only evidence as to his incompetency was to the effect that he believed gold existed in the soil of that part of tine State of Illinois where he lived; that he was guilty of unusual conduct in the manner of cultivating and improving his farm; that he would sometimes abruptly change the subject in conversations, and that he would sometimes change his plans and views. There was no single instance given of a foolish or improvident…

1Opinion of the CourtValliant, J.

Ejectment for eighty acres of land in Harrison county. Defendant Jackson claims to be the owner of the land and is in possession by his co-defendant, Oupp, who is his tenant.

*141Plaintiff claims title under a deed from defendant Jackson. The petition is in the usual form. The answer of defendant Cupp, is in substance a general denial; that of defendant Jackson is in the nature of a cross-bill in equity to set aside his deed under which the plaintiff claims on the ground that it was obtained by fraud.

Jackson, whom we will hereinafter call the defendant, by his answer states substantially that he…

2Cases cited2 opinions

  1. Martin v. BakerSupreme Court of Missouri · 1896
  2. Cornwall v. McFarland Real Estate Co.Supreme Court of Missouri · 1899

3Cited by5 opinions

  1. Powers v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
  2. Connecticut Mutual Life Insurance v. GusemanMissouri Court of Appeals · 1914
  3. Fall v. HornbeckMissouri Court of Appeals · 1908
  4. Moody v. BaxterMissouri Court of Appeals · 1912
  5. Obst v. UnnerstallSupreme Court of Missouri · 1904

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