Creamer v. Bivert
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — No». Wm. G. Ellison, Judge. (1) The burden of proof was on plaintiff to establish the facts of the non-delivery of the deed, and the non-payment of the consideration expressed in the deed, by evidence so cogent, clear and convincing as to leave no reasonable doubt in the mind of the chancellor. This is the rule whenever it is sought to deprive one party of a vested estate, and vest the same in another.
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Appeal from Gentry Circuit Court. — No». Wm. G. Ellison, Judge. (1) The burden of proof was on plaintiff to establish the facts of the non-delivery of the deed, and the non-payment of the consideration expressed in the deed, by evidence so cogent, clear and convincing as to leave no reasonable doubt in the mind of the chancellor. This is the rule whenever it is sought to deprive one party of a vested estate, and vest the same in another. Worley v. Dryden, 57 Mo. 226; Allen v. Logan, 96 Mo. 591; Atkinson v. Henry, 80 Mo. 151; Jackson v. Wood, 88 Mo. 76; Keiser v. Gammon, 95 Mo. 217; Pitts v.…
1Opinion of the CourtLamm, J.
From a decree of the Gentry Circuit Court adjudging a certain deed conveying one hundred acres of land from plaintiff to his sister, Rosalie, null and void and divesting the record title out of her and into him, defendant appeals.
The bill is subdivided into counts. If that method of pleading be not somewhat of an innovation on modern equity practice, yet the counts as such need no attention, for the gravamen of both is the same — the first merely stating thq cause of action with more full* ness of detail than the second.
It is alleged in the bill that plaintiff is the owner of the north half…
2Cases cited6 opinions
- Hobbs v. BoatrightSupreme Court of Missouri · 1906
- Poston v. BalchSupreme Court of Missouri · 1878
- McNear v. WilliamsonSupreme Court of Missouri · 1902
- Bunn v. StuartSupreme Court of Missouri · 1904
- Cook v. NewbySupreme Court of Missouri · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Elzig v. GudwangenCourt of Appeals for the Eighth Circuit · 1937
- Dale v. JenningsSupreme Court of Florida · 1925
- Palakiko v. Harper, Warden of Oahu PrisonCourt of Appeals for the Ninth Circuit · 1953
- Suhre v. BuschSupreme Court of Missouri · 1938
- Sutorius v. MayorSupreme Court of Missouri · 1943
57 more not listed; retrieve them via the Exa API.