Bennett v. Shipley
Supreme Court of Missouri
Appeal from Harrison Circuit Court. — Hon. S. A. Richardson, Judge. Plaintiff ought not to recover for the reason that the-record shows that plaintiff’s intestate had full notice of the Dyer incumbrance on the land Dyer traded to him, and that, he depended upon Dyer removing s'ame. Both parties having equal knowledge of the condition of title, there was no fraud.
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Appeal from Harrison Circuit Court. — Hon. S. A. Richardson, Judge. Plaintiff ought not to recover for the reason that the-record shows that plaintiff’s intestate had full notice of the Dyer incumbrance on the land Dyer traded to him, and that, he depended upon Dyer removing s'ame. Both parties having equal knowledge of the condition of title, there was no fraud. See Kerr on Fraud and Mistake, p. 288. The defendant, Lucinda Shipley, had a right to hold said land under the homestead laws of the State of Missouri. The deed of trust given by Dyer was an incumbrance on the land, and was properly…
1Opinion of the CourtRay, J.
Josiah Bennett instituted this proceeding in. the circuit court of Harrison county, Missouri, at the March term, 1876. He died April 20th, 1877, and at the September term, 1877, his death ivas suggested and the action renewed in the name of his said administrator, Henry Bennett, the present plaintiff. The subject matter of the controversy grows out of an exchange of farms between said Josiah Bennett and one Joseph Dyer. The defendant, Lucinda Shipley, was formerly the wife and widow of said Joseph Dyer, and has since intermarried with said George Shipley. The said George W. Elint is the…
2Cases cited4 opinions
- Pratt v. ClarkSupreme Court of Missouri · 1874
- Pratt v. EatonSupreme Court of Missouri · 1877
- Siemers v. KleeburgSupreme Court of Missouri · 1874
- Black v. GreggSupreme Court of Missouri · 1875
3Cited by9 opinions
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
- Rothschild v. DaugherTexas Supreme Court · 1892
- Hannah v. DavisSupreme Court of Missouri · 1892
- Wilson v. KimmelSupreme Court of Missouri · 1891
- Christy v. McKeeSupreme Court of Missouri · 1887
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