McFarland v. LaForce
Supreme Court of Missouri
Appeal from Greene dr amt Gowrt. — Hon. W. D. Hubbard, Judge. A title procured by fraud or plain and positive deception is utterly void in law, as well as in equity, and where influence, such as exists between man and wife, is used and advantage taken of that relation to acquire property, it is a fraud destitute of all validity and utterly void.
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Appeal from Greene dr amt Gowrt. — Hon. W. D. Hubbard, Judge. A title procured by fraud or plain and positive deception is utterly void in law, as well as in equity, and where influence, such as exists between man and wife, is used and advantage taken of that relation to acquire property, it is a fraud destitute of all validity and utterly void. And equity will not stop short with the guilty party, but will grant relief against every one who attempts to sustain the wrong or profit by it. Twner v. Twner, 44 Mo. 335, and cases therein cited; Freeland v. Fldridge, 19 Mo. 325; 40 Mo. 114. A…
1Opinion of the CourtBrace, J.
This'action was 'commenced in the circuit court of Jasper county, taken thence on appli*588cation of plaintiff by change of venne to the circuit court of Greene county, where it was tried upon issues raised by a second amended petition filed by the plaintiff and the answer of the defendant thereto, which was a general denial. The finding and judgment was for the defendant,- the plaintiff’s bill dismissed, and she appeals.
It appears that the defendant is in the possession of and holds the legal title to the west half of section 18, township 30, range 30, situate in said county of Jasper containing…
2Cases cited8 opinions
- Smith v. BurrusSupreme Court of Missouri · 1891
- Allen v. LoganSupreme Court of Missouri · 1888
- Marshall v. Thames Fire InsuranceSupreme Court of Missouri · 1869
- Edwards v. George Knapp & Co.Supreme Court of Missouri · 1888
- Polston v. SeeSupreme Court of Missouri · 1873
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3Cited by5 opinions
- Hiestand v. GeierDistrict Court of Appeal of Florida · 1981
- Plumb v. CooperSupreme Court of Missouri · 1894
- In re ConradesMissouri Court of Appeals · 1904
- Brinkman v. SunkenSupreme Court of Missouri · 1903
- Reed v. SperrySupreme Court of Missouri · 1906