Murphy v. De France
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) Fraud and collusion cannot be properly charged in general terms; the specific acts must be alleged. Bliss on Code Pleading, secs. 210, 218, 339; Hill v. Miller, 36 Mo. 182 ; Fox v. Webster, 46 Mo. 181; Smith v. Sims, 77 Mo. 269; McGindley v. Newton, 75 Mo. 115; Duffy v. Byrne, 7 Mo.
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Appeal from Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) Fraud and collusion cannot be properly charged in general terms; the specific acts must be alleged. Bliss on Code Pleading, secs. 210, 218, 339; Hill v. Miller, 36 Mo. 182 ; Fox v. Webster, 46 Mo. 181; Smith v. Sims, 77 Mo. 269; McGindley v. Newton, 75 Mo. 115; Duffy v. Byrne, 7 Mo. App. 417. (2) The fraud to authorize courts of equity to set aside a judgment must have been committed in the procurement of the judgment; they will not interpose because the cause of action was vitiated by fraud; that is a matter of defense :…
1Opinion of the CourtBlack, J.
Nancy Murphy,' the plaintiff, is the widow of Benjamin Murphy, who died in 1855, the owner of the sixteen acres of land now in suit.
Letters of administration were issued to the plaintiff upon the estate of her deceased husband, and she procured an order to sell real estate to pay debts, and then resigned. Ringo was appointed administrator de bonis non, and, by virtue of the order of sale, sold the sixteen acres of land, and the plaintiff became the purchaser at the price of four hundred dollars, and she received a deed dated the fourth of February, 1868. Ringo resigned in 1869, and thereupon…
2Cases cited2 opinions
- Seek v. HaynesSupreme Court of Missouri · 1878
- Bank of Missouri v. WhiteSupreme Court of Missouri · 1856
3Cited by27 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cross v. GouldMissouri Court of Appeals · 1908
- Jones v. ArnoldSupreme Court of Missouri · 1949
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Hamilton v. McLeanSupreme Court of Missouri · 1897
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