Dougherty v. Dougherty
Supreme Court of Missouri
Appeal from Knox Circuit Court. — How. Chas. D. Stewart, Judge. (1) Tlie power in the will did. not authorize Ellen Dougherty to mortgage the land. Price v. Courtney, 87 Mo.- 387; McDonald v. Quick, 139 Mo. 484; Garland v. Smith, 164 Mo. 1. (2) A-court of equity does not interfere to correct an instrument “unless it also appears that its interference is necessary to prevent the perpetration of a fraud or some injustice.” Mann v. Best, 62 Mo. 496; Ins. Oo. v. Landis, 50 Mo.
Read the full summary
Appeal from Knox Circuit Court. — How. Chas. D. Stewart, Judge. (1) Tlie power in the will did. not authorize Ellen Dougherty to mortgage the land. Price v. Courtney, 87 Mo.- 387; McDonald v. Quick, 139 Mo. 484; Garland v. Smith, 164 Mo. 1. (2) A-court of equity does not interfere to correct an instrument “unless it also appears that its interference is necessary to prevent the perpetration of a fraud or some injustice.” Mann v. Best, 62 Mo. 496; Ins. Oo. v. Landis, 50 Mo. App. 116; HarHess v. Oo., 85 Mo. 619',- Schradski v. Albright, 93 Mo. 43. “When there is no1 fraud and; a party accepts a…
1Opinion of the CourtGraves, J.
John Dougherty, a resident of Edina, Knox county, Missouri, departed this life in January, 1874. He owned at the date of his death lots 5, 8, 9 and 10 in block 5, in the original town, now city, of Edina. His heirs were Ellen Dougherty, widow, and four children, Bernard, Mary 0., Catherine, and John A. S. Dougherty. The' said John Dougherty left a will by which all this property was devised to the wife Ellen, for and during her natural life or widowhood, with discretionary power to sell any or all of said property for the support of herself and children. At her death or remarriage, the…
2Cases cited15 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Garland v. SmithSupreme Court of Missouri · 1901
- Bunce v. BeckSupreme Court of Missouri · 1869
- Sweet v. OwensSupreme Court of Missouri · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Allan v. AllanSupreme Court of Missouri · 1963
- Helmkamp v. American Family Mutual Insurance Co.Missouri Court of Appeals · 1966
- Employers Indemnity Corp. v. GarrettSupreme Court of Missouri · 1931
- Ethridge v. PerrymanSupreme Court of Missouri · 1963
- Robinson v. KornsSupreme Court of Missouri · 1913
32 more not listed; retrieve them via the Exa API.