Smith v. Harris
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The facts found by the court do not warrant the judgment in the case. 1. It was a principle of the common law that a fraud could only be avoided by him who had a prior interest in the estate affected by the fraud, and not by him who subsequently to the fraud acquired an interest in the estate. (Upton v. Bassett, Oro., Eliz. 445, 8 Co. 83, a; French v. Shottwell, 5 Johns.
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Appeal from St. Louis Circuit Court. I. The facts found by the court do not warrant the judgment in the case. 1. It was a principle of the common law that a fraud could only be avoided by him who had a prior interest in the estate affected by the fraud, and not by him who subsequently to the fraud acquired an interest in the estate. (Upton v. Bassett, Oro., Eliz. 445, 8 Co. 83, a; French v. Shottwell, 5 Johns. Ch. 566.) 2. The bare right to file a bill in equity to set aside a, conveyance for fraud is not assignable at law or in equity, and therefore the assignee of such right cannot sue.…
1Opinion of the CourtBliss, Judge
The respondents file their petition to enjoin a recovery by the appellant in an action in ejectment. In 1853 defendant Harris brought ejectment in the Ralls Circuit Court for possession of lands known as the White House tract, and in 1854 the plaintiffs presented their petition. By two changes of venue the case ivas transferred to St. Louis county, where the petition was sustained and the injunction made perpetual; and Harris appeals to this court. Both parties claim through Mary Cameron, wife of Neil Cameron; and the respondents show chain of. title embracing a deed, of May, 1842, from Neil…
2Cases cited6 opinions
- State v. RossSupreme Court of Missouri · 1859
- French v. ShotwellNew York Court of Chancery · 1821
- Downing v. BourlierSupreme Court of Missouri · 1855
- Thompson v. LyonSupreme Court of Missouri · 1862
- Skinner v. EllingtonSupreme Court of Missouri · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Gruber v. BakerNevada Supreme Court · 1890
- Warner v. FlackIllinois Supreme Court · 1917
- Haseltine v. SmithSupreme Court of Missouri · 1900
- Street v. GossSupreme Court of Missouri · 1876
6 more not listed; retrieve them via the Exa API.