Derby v. Donahoe
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Eon. Jas. R. Kinealy, Judge. (1) Defendant can claim no more, at the farthest, than that there was an agreement arrived at on September 5', 1900, based upon a mutual mistake of facts; that is, that the child Bessie Williford was the sole heir of decedent, Cornelius P. Donahoe, and that it was not supposed that the plaintiff was an heir to an undivided one-half interest in the Montgomery street lot in question.
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Appeal from St. Louis City Circuit Court.— Eon. Jas. R. Kinealy, Judge. (1) Defendant can claim no more, at the farthest, than that there was an agreement arrived at on September 5', 1900, based upon a mutual mistake of facts; that is, that the child Bessie Williford was the sole heir of decedent, Cornelius P. Donahoe, and that it was not supposed that the plaintiff was an heir to an undivided one-half interest in the Montgomery street lot in question. But this of itself is sufficient to entitle the plaintiff to the relief prayed. Oastleman v. Castleman, 184 Mo. 445; Bishop v. Seal, 87 Mo.…
1Opinion of the CourtFox, P. J.
This cause is now pending in this court by appeal on the part of the plaintiff from a judgment of the circuit court of the city of St. Louis dismissing her bill in equity and denying her the relief sought by such bill.
It is not essential to an understanding of the nature and character of this case to burden the opinion with a reproduction of the pleadings which present the issues upon which it was tried. It will suffice to say *688that this is a proceeding in equity to set aside and cancel a certain quitclaim deed executed by plaintiff to defendant conveying her interest to certain property in…
2Cases cited7 opinions
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Hall v. HallSupreme Court of Missouri · 1891
- Parsons v. ParsonsSupreme Court of Missouri · 1870
- Phillips v. StewartSupreme Court of Missouri · 1875
- Durfee v. MoranSupreme Court of Missouri · 1874
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3Cited by9 opinions
- Nixon v. FranklinSupreme Court of Missouri · 1956
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- Frey v. OnstottSupreme Court of Missouri · 1948
- Nelson v. EmmertMissouri Court of Appeals · 2003
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