Danner v. Berthold
Missouri Court of Appeals
Error to the St. Louis Circuit Court, Lindley, J. The grantor is estopped from setting up that the recitals in her deed are false. — Union Savings Assn. v. Kehlor, 7 Mo. App. 158 ; Lensendeffer v. Smith, 66 Mo. 80. Equity will put the parties in statu quo. — Stumpf v. Stumpf, 6 Mo. App. 272. There can be no recoveiy in this case until the defendant has been made whole! — Schaefer v. Causey, 8 Mo.
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Error to the St. Louis Circuit Court, Lindley, J. The grantor is estopped from setting up that the recitals in her deed are false. — Union Savings Assn. v. Kehlor, 7 Mo. App. 158 ; Lensendeffer v. Smith, 66 Mo. 80. Equity will put the parties in statu quo. — Stumpf v. Stumpf, 6 Mo. App. 272. There can be no recoveiy in this case until the defendant has been made whole! — Schaefer v. Causey, 8 Mo. App. 142; Sims v. Gray, 66 Mo. 613; Huff v. Price, 50 Mo. 230; Shroyer v. Nichols, 55 Mo. 264. Where the husband is beyond the jurisdiction the wife may convey her real estate as if she were a feme…
1Opinion of the CourtThompson, J.
This is an action of ejectment. It appears that in 1865, John R. Danner and Nancy A. Robinson were married to each other in St. Louis ; that, in 1867, John R. Danner left his wife, and that they have never since lived together. The evidence is uncertain as to whether he moved to Illinois immediately after the separation, or whether he remained in St. Louis until 1872, and then removed to Illinois. Mrs. Danner remained in St. Louis, and never saw her husband but once after the separation; that was in 1872, when she went to see him in Illinois. For several years after the separation (perhaps…
2Cases cited19 opinions
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Rose v. BatesSupreme Court of Missouri · 1848
- Cooper v. OrdSupreme Court of Missouri · 1875
- Love v. MoynehanIllinois Supreme Court · 1855
- Rhea v. RhennerSupreme Court of the United States · 1828
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3Cited by4 opinions
- Wilkerson v. FarnhamSupreme Court of Missouri · 1884
- Phelps v. WaltherSupreme Court of Missouri · 1883
- Sommerfield v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Durnin v. WaddinghamMissouri Court of Appeals · 1882