Prather v. Hairgrove
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The presumptions of law are in favor of honesty and fair dealing, and, when fraud is alleged, it must be proved by evidence clear and cogent, which overcomes these presumptions; and if the transaction comports as well with honesty and fair dealing, it should be referred to that motive. Bemecker v. Miller, 44 Mo. 102; Garesche v. MacDonald, 103 Mo. 1; Eidge v. Greenwell, 53 Mo.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The presumptions of law are in favor of honesty and fair dealing, and, when fraud is alleged, it must be proved by evidence clear and cogent, which overcomes these presumptions; and if the transaction comports as well with honesty and fair dealing, it should be referred to that motive. Bemecker v. Miller, 44 Mo. 102; Garesche v. MacDonald, 103 Mo. 1; Eidge v. Greenwell, 53 Mo. App. 479; Gordon v. Is-may, 55 Mo. App. 323; Eobinson v. Dryden, 118 Mo. 354; Webb v. Darby, 94 Mo. 621; Henderson v. Henderson, 55 Mo. 537. (2) The…
1Opinion of the CourtGantt, J.
This is an appeal from a decree rendered by the circuit court of Jackson county, Missouri, in favor of the plaintiff against the defendants in a suit in equity, the object and purpose of which was to obtain a decree that a certain indebtedness represented by a note of $750, executed by Susie Hicks and E. Hicks, her husband, to E. S. Truitt, and secured by a deed of trust executed by them to W. E. Garrett as trustee, conveying the west half of lot 20, Saighman Place, an addition to Kansas City, Missouri, had been paid and satisfied, and to set aside and decree as null and void a certain…
2Cases cited5 opinions
- Swope v. LeffingwellSupreme Court of Missouri · 1880
- Neuhoff v. O'ReillySupreme Court of Missouri · 1887
- Wolff v. WalterSupreme Court of Missouri · 1874
- Campbell v. AllenMissouri Court of Appeals · 1889
- Thompson v. LonganMissouri Court of Appeals · 1890
3Cited by8 opinions
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- Pitcher v. Miss Wolcott School Ass'nSupreme Court of Colorado · 1917
- Cantrell v. DavidsonMissouri Court of Appeals · 1914
- Citizens Trust Co. v. WardMissouri Court of Appeals · 1917
- State v. MillerSupreme Court of Missouri · 1933
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