Robinson v. Korns
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Lucian J. Eastin, Judge. (1) The sole issue tried under cross-hill was one of'mistake in making both deeds. “To justify the reforming of an instrument the pleading must allege, and the evidence must show, that a mistake was made, and that said mistake was mutual.”
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Appeal from Buchanan Circuit Court. — Hon. Lucian J. Eastin, Judge. (1) The sole issue tried under cross-hill was one of'mistake in making both deeds. “To justify the reforming of an instrument the pleading must allege, and the evidence must show, that a mistake was made, and that said mistake was mutual.” Henderson v. Beasley, 137 Mo. 199; Adkins v. Tomlinson, 121 Mo. 487. In this case no mutual mistake of grantors and the grantees is alleged in the cross-bill when the two deeds were made, and no mistake is proven. “A description' in a deed will be reformed for mistake only where the…
1Opinion of the Court
BROWN, C.
Ejectment brought March 16', 1910. by Gertrude Robinson against the defendants Korns and wife for possession of a lot in St. Joseph described in the petition as “the east eighty feet of lots five and six, Ashland, as shown by plat thereof; being a subdivision of a part of the northwest quarter of section three, township fifty-seven, range thirty-five in Buchanan county, Missouri.” The defendants answered, impleading Samuel J. Turner and wife, who were made parties defendant against their protest. The answer of the Kornses consisted of (1) a general denial, and (2) a plea that prior…
2Cases cited15 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- 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 by28 opinions
- Russell v. Shell Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
- Hayes v. Travelers Ins. Co.Court of Appeals for the Tenth Circuit · 1937
- Wolf v. MiravalleSupreme Court of Missouri · 1963
- Binswanger v. Employers Liability Assurance Corp.Missouri Court of Appeals · 1930
- City of Caruthersville v. HuffmanSupreme Court of Missouri · 1914
23 more not listed; retrieve them via the Exa API.