Davis v. Fox
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. I. A party making a deed under duress can enter and avoid such deed against a bona fide purchaser. (Worcester vs. Eaton, 13 Mass, 371; Somes vs. Skinner, 16 Mass., 348 ; 11 Mass., 379 ; 2 Black. Com., p. 290; 3 Black Com., p. 173-5.) I. A contract procured by fraud, duress and violence is not absolutely void, but only voidable ; because the person upon whom the fraud and duress was practiced may ratify and affirm the contract. (1 Pars.
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Appeal from Nodaway Circuit Court. I. A party making a deed under duress can enter and avoid such deed against a bona fide purchaser. (Worcester vs. Eaton, 13 Mass, 371; Somes vs. Skinner, 16 Mass., 348 ; 11 Mass., 379 ; 2 Black. Com., p. 290; 3 Black Com., p. 173-5.) I. A contract procured by fraud, duress and violence is not absolutely void, but only voidable ; because the person upon whom the fraud and duress was practiced may ratify and affirm the contract. (1 Pars. Cont., 395 ; 1 Poth. Oblig., 14; 1 Black’s Com., Chitty’s ed., 291; 2 Wash. Real Prop., 586; Deputy vs. Stapleford, 19 Cal.,…
1Opinion of the CourtVories, Judge
This action was brought in the Nodaway Circuit Court, on the fifth day of March, 1870. The object of the action was to set aside a deed executed by the plaintiff in the month of July, 1863, purporting to convey certain lands therein named from the plaintiff to the defendant, Fox; and also to set aside and make void a deed executed by said Fox, conveying the same land to defendant, Martha Mason, who was the wife of her co-defendant, Adolphus Mason, on the ground that said deed from plaintiff to said defendant, Fox, had been obtained from plaintiff by force and duress.
The amended petition filed…
2Cited by9 opinions
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Spurlock v. SprouleSupreme Court of Missouri · 1880
- Kelly v. HurtSupreme Court of Missouri · 1875
- Patterson v. HewittNew Mexico Supreme Court · 1901
- Hall v. BollenCourt of Appeals of Kentucky · 1912
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