Phillips v. Phillips
Supreme Court of Missouri
Appeal-from, JYeiu Madrid Circuit Court. This suit for title is analogous to suits for specific performance. Where there is a trust or fraud, equitable courts will not interfere, but leave parties to their legal remedies. To get the aid of equity the plaintiff must be willing to do equity himself. (Sto. Eq., §§ 692-93, 706, 769, 787.) The facts show no intent to invest title at the time of the transaction. The deeds were retained in the possession of the grantor.
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Appeal-from, JYeiu Madrid Circuit Court. This suit for title is analogous to suits for specific performance. Where there is a trust or fraud, equitable courts will not interfere, but leave parties to their legal remedies. To get the aid of equity the plaintiff must be willing to do equity himself. (Sto. Eq., §§ 692-93, 706, 769, 787.) The facts show no intent to invest title at the time of the transaction. The deeds were retained in the possession of the grantor. The plaintiff seeks not the performance of a contract, but to set up and perpetuate the existence of a pre-existing and completed…
1Opinion of the CourtBliss, Judge
The plaintiff seeks to quiet and have confirmed to him the title to some 9,000 acres of land which he claims were deeded to him by his father, Shapley R. Phillips, while living, but shows that the deeds were lost without being recorded. He makes the heirs of decedent parties, and also the heirs of Mrs. Phillips, now deceased, who was a second wife and not his mother, and who had elected to take a child’s interest in the estate of her deceased husband. Mrs. Phillips’ heirs alone seem to be defending, but I find a minor grandson of said Shapley R. among the parties, whose interest the court…
2Cited by12 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Strype v. LewisSupreme Court of Missouri · 1944
- Kline v. VogelSupreme Court of Missouri · 1886
- Galemore v. Mid-West National Fire & Casualty Insurance Co.Missouri Court of Appeals · 1969
- Crane v. Centerre Bank of ColumbiaMissouri Court of Appeals · 1985
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