Cutts v. Young
Supreme Court of Missouri
Appeal from Greene Circuit Gourt. — Hon. James T. Neville, Judge. There was no consideration paid by the defendant for the deed, and the facts and circumstances proven and surrounding tbe transaction, establish fraud on the part of the defendant, in the procurement of the deed, and it should be set aside and the land restored to the appellants, heirs of the grantor in said deed.
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Appeal from Greene Circuit Gourt. — Hon. James T. Neville, Judge. There was no consideration paid by the defendant for the deed, and the facts and circumstances proven and surrounding tbe transaction, establish fraud on the part of the defendant, in the procurement of the deed, and it should be set aside and the land restored to the appellants, heirs of the grantor in said deed. Dickson v. Kempinsky, 96 Mo. 252. (1) When a party is induced to do in a lifetime wbat he intended to do at bis death tbe act will not be set aside as effected by undue influence. Bowles v. Wathan, 54 Mo. 261. (2) Tbe…
1Opinion of the CourtBurgess, J.
— The object of this suit is to recover possession of a tract of land now in the possession of defendant. Both parties claim title under William Cutts, deceased, tbe plaintiffs as his only children and heirs at law, the defendant by deed directly from him.
The petition is in two counts, one in equity to set aside the deed from Outts to defendant, upon the ground that it was obtained by fraud and undue influence, and the other in ejectment.
The trial was before the court, a jury being waived as to the count in ejectment.' There was judgment for defendant upon both counts. The plaintiffs then…
2Cases cited1 opinion
- Dickson v. KempinskySupreme Court of Missouri · 1888
3Cited by4 opinions
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- Jones v. BelsheSupreme Court of Missouri · 1911
- Y. M. C. A. v. City of New OrleansLouisiana Court of Appeal · 1929