Studybaker v. Cofield
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) Tbe ancient ear-marks and recognized indicia of undue influence, moral coercion, fraud actual or constructive, surprise, imposition, over-solicitation, artfulness, are present in tbis record and show a transaction wbicb equity will watcli with an eye of “invincible jealousy” and annul, (a) There is that superintendence of the mind, body and property of Joseph Boyer by the Cofields, creating an intimate and…
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Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) Tbe ancient ear-marks and recognized indicia of undue influence, moral coercion, fraud actual or constructive, surprise, imposition, over-solicitation, artfulness, are present in tbis record and show a transaction wbicb equity will watcli with an eye of “invincible jealousy” and annul, (a) There is that superintendence of the mind, body and property of Joseph Boyer by the Cofields, creating an intimate and confidential relation which throws upon them the. burden of sustaining the deed in question, and makes it presumptively…
1Opinion of the CourtValliant, J.
This is a suit in equity by the collateral heirs of Joseph Boyer, deceased, to set aside a deed made by him a few days before his death to his niece, the defendant Elmira Cofield, on the ground that he was of unsound mind when he made the deed, and was induced to make it through her undue influence.
The deceased was eighty-five years old, had never mar*601ried, and at his death left as his heirs two sisters, Catherine Tarman, one of the plaintiffs, and Susan Black, one of the defendants, and seventeen neices and nephews, children of deceased brothers and sisters, all of whom are plaintiffs except…
2Cases cited8 opinions
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- Cadwallader v. WestSupreme Court of Missouri · 1871
- Dingman v. RomineSupreme Court of Missouri · 1897
- Riley v. SherwoodSupreme Court of Missouri · 1898
- McClure v. LewisSupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jones v. ThomasSupreme Court of Missouri · 1909
- Cornet v. CornetSupreme Court of Missouri · 1913
- Selle v. WrigleyMissouri Court of Appeals · 1938
- Blackiston v. RussellSupreme Court of Missouri · 1931
- Lee v. LeeSupreme Court of Missouri · 1914
6 more not listed; retrieve them via the Exa API.