Rothenbarger v. Rothenbarger
Supreme Court of Missouri
Appeal from Jasper Circuit Cou/rt. — How. M. G. ■ McGregor. Judge. (1) The deeds from Solomon Rothenbarger to plaintiffs, Sarah E. and Susan M., were never delivered. The evidence shows not only that they were never delivered, but that they were not intended to be delivered during the lifetime of Solomon Rothenbarger.
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Appeal from Jasper Circuit Cou/rt. — How. M. G. ■ McGregor. Judge. (1) The deeds from Solomon Rothenbarger to plaintiffs, Sarah E. and Susan M., were never delivered. The evidence shows not only that they were never delivered, but that they were not intended to be delivered during the lifetime of Solomon Rothenbarger. Ruey v. Ruey, 65 Mo. 689; Rammerslough v. Cheatham, 84 Mo. 13; Turner v. Carpenter, 83 Mo. 333; Sneathen v. Sneathen, 104 Mo. 201. (2) To set aside a deed for fraud and undue influence the evidence, must be clear. Shields v. Richey, 26 Mo. App. 194; Briantv. Jackson, 99 Mo. 585;…
1Opinion of the CourtBrace, J.
This is .an action to set aside a quitclaim deed executed by plaintiffs, Sarah Ellen and Susan M. Eothenbarger, dated January 3, 1885, whereby, for the consideration of $1, they conveyed all the interest acquired by them by two deeds made to them by their father, Solomon Eothenbarger, and his wife, in the southeast quarter and the southeast quarter of the northeast quarter of section 36, township 28, range 33, in Jasper county, to the heirs of said Solomon, deceased, to take in accordance with the provisions of the will of said Solomon dated March 15, 1881, on the ground of fraud and undue…
2Cited by14 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Nance v. KearbeySupreme Court of Missouri · 1913
- McKenzie v. United Railways Co.Supreme Court of Missouri · 1909
- Cook v. NewbySupreme Court of Missouri · 1908
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