Turley v. Edwards
Missouri Court of Appeals
Appeal from Cooper Circuit Court, Hon. E. L. Edwards, J. The facts are stated in the opinion. I. H, as respondent alleges in her petition, the consideration for the notes and deed of trust was the suppression of a criminal prosecution, and the contract, into which she vohintarily entered, was opposed to public policy, then she is in no condition to ask affirmative 'relief from a court of equity. In such cases courts of equity uniformly refuse to interfere.
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Appeal from Cooper Circuit Court, Hon. E. L. Edwards, J. The facts are stated in the opinion. I. H, as respondent alleges in her petition, the consideration for the notes and deed of trust was the suppression of a criminal prosecution, and the contract, into which she vohintarily entered, was opposed to public policy, then she is in no condition to ask affirmative 'relief from a court of equity. In such cases courts of equity uniformly refuse to interfere. They will not aid the one party to enforce, nor the other to cancel such a contract. Davis v. Luster, 64 Mo. 43 ; Kitchen v. Greenabaum,…
1Opinion
On motion eor re-hearing.
Opinion by
Philips, P. J.
A motion for re-hearing is pressed in' this case by appellants chiefly on the ground that the allegations of the petition are insufficient to have authorized the admission of the evidence essential to make out a case of duress. In other words, the contention is that the petition should have averred in express terms, that by reason of the threats of O. D. Edwards, the free will and agency of Mrs. Turley were overcome, etc.
7. It is true that under our code of practice the f Acts are constitutive of the cause of action, and no evidence of facts…
2Cases cited3 opinions
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
- Kerr v. SimmonsSupreme Court of Missouri · 1884
- Feller v. GreenMichigan Supreme Court · 1872