Boles v. Bennington
Supreme Court of Missouri
Appeal from Dallas Circuit Court. — Hon. Argus Cox, Judge. (1) The fraud of Bennington will warrant the setting aside of the deeds. Bailey v. Smock, 61 Mo. 213; Dunn v. White, 63 Mo. 181; Caldivellv. Ilenry, 76 Mo. 254; Cottrill v. Krum, 100 Mo. 397. (2) That the deed to appellant’s land was obtained by fraud was shown by the evidence and neither denied by answer or testimony, and was therefore admitted. 18 Am. and Eng.
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Appeal from Dallas Circuit Court. — Hon. Argus Cox, Judge. (1) The fraud of Bennington will warrant the setting aside of the deeds. Bailey v. Smock, 61 Mo. 213; Dunn v. White, 63 Mo. 181; Caldivellv. Ilenry, 76 Mo. 254; Cottrill v. Krum, 100 Mo. 397. (2) That the deed to appellant’s land was obtained by fraud was shown by the evidence and neither denied by answer or testimony, and was therefore admitted. 18 Am. and Eng. Ency. of Law, p. 498 (1); Kortzendorfer v. City, 52 Mo. 204. (3) The only issue made by the pleadings was the question of estoppel. The answer not only fails to allege that…
1Opinion of the CourtBubgess, J.
This suit was instituted for the purpose of having rescinded a contract for the exchange of lands entered into by plaintiff and the defendant Bennington; to set aside certain deeds described in the petition, and to reinvest in plaintiff the title to a tract of land in Dallas county, deeded by him to said Bennington, by Bennington under trustee’s sale to Brown, and by Brown to Hendrix.
The petition alleged that, in consideration for the land conveyed by plaintiff: to Bennington, he, Bennington, to induce plaintiff to make the exchange, agreed to pay him $200, and convey to him by good and…
2Cases cited5 opinions
- McAleer v. HorseyCourt of Appeals of Maryland · 1872
- Snyder v. FreeSupreme Court of Missouri · 1893
- Young v. SchofieldSupreme Court of Missouri · 1896
- Long v. LongSupreme Court of Missouri · 1883
- Guffey v. O'ReileySupreme Court of Missouri · 1885
3Cited by5 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
- Atterbury v. HopkinsMissouri Court of Appeals · 1906
- Harding v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Pape v. PapeIndiana Court of Appeals · 1918