Gray v. Gray
Supreme Court of Missouri
Appeal from, Jasper Circuit Court. — Hon. M. J. McGregor, Judge. The finding and judgment of the trial court are wholly unsupported by the evidence. Mrs. Gray never consented to the provision of the deed.. • Nor is there any estoppel in the case against her — an estoppel in pais must be specially pleaded.
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Appeal from, Jasper Circuit Court. — Hon. M. J. McGregor, Judge. The finding and judgment of the trial court are wholly unsupported by the evidence. Mrs. Gray never consented to the provision of the deed.. • Nor is there any estoppel in the case against her — an estoppel in pais must be specially pleaded. Guinn v. Simes, 61 Mo. 339. An equitable estoppel occurs when a party to an action has by his act or declaration induced the other party to do some act so as to change his position which otherwise would not have been done. 6 Wait’s Actions and Defences, 681; Heath v. Bk., 44 N. H. 174;…
1Opinion of the CourtHenry, J.
In the year 1876 the defendant, Martha M. Gray, obtained a divorce from the plaintiff in the common pleas court of Jasper county with an allowance! *107of one thousand dollars as alimony in gross, and plaintiff alleges that on the 2nd day of October thereafter he executed and delivered to his brother, John W. Gray, a deed conveying a tract of land in Bade county, in trust for said Martha and her and his children. The trusts-declared were as follows:
First, The trustee, after paying the costs and repairs and taxes on said lands to receive one-half of the balance of the net proceeds of the rent of…
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