Martin v. Jones
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — TJon. Ernest 8. Gantt, Judge. (1) When a court of equity, as in the case at bar, acquires jurisdiction of a cause, it will not relax its grasp upon the res until it shall have avoided a multiplicity of suits, by doing full, adequate and complete justice between all the parties. It will not content itself in this regard by any half-way measures.
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Appeal from Montgomery Circuit Court. — TJon. Ernest 8. Gantt, Judge. (1) When a court of equity, as in the case at bar, acquires jurisdiction of a cause, it will not relax its grasp upon the res until it shall have avoided a multiplicity of suits, by doing full, adequate and complete justice between all the parties. It will not content itself in this regard by any half-way measures. It will not declare that a party has been defrauded of his rights, and then dismiss him with a bland permission to assert at new cost and further delay, those rights in another forum. School Dist. v. Holt, 226…
1Opinion of the Court
Plaintiffs, Robert L. Martin and wife, brought this action in the Circuit Court of Lincoln County, Missouri, on July 14, 1917. It was transferred on change to venue to Montgomery County, and tried there. They sought to reform and correct a deed made by Porter Jones and wife to them for certain lands located in Lincoln County. They also sought to reform and correct a deed, in respect to the same land, from Gladney to Jones; and also to reform and correct a deed as to same land from Briscoe to Gladney.
It is alleged, and the undisputed facts disclose, that each of the three deeds above…
2Cases cited6 opinions
- Allen v. KennedySupreme Court of Missouri · 1886
- Fulton v. FisherSupreme Court of Missouri · 1912
- Hess Warming & Ventilating Co. v. Burlington Grain Elevator Co.Supreme Court of Missouri · 1919
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Oldham v. WadeSupreme Court of Missouri · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Badger Lumber Co. v. GoodrichSupreme Court of Missouri · 1944
- Canty v. HalpinSupreme Court of Missouri · 1922
- Schwartzman v. London & Lancashire Fire InsuranceSupreme Court of Missouri · 1928
- Flaspohler v. HoffmanMissouri Court of Appeals · 1983