Blount v. Spratt
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Henry Mb Bamey, Judge. (1) The deed to Ashton was made before office found, and, as he acted in good faith and without knowledge of plaintiff’s incapacity, she could not avoid the deed without tendering back the consideration received by her, or paid out for her benefit. Boyer v. Benymcm, 123 Ind. 451; Copenrath v. Kienby, 83 Ind. 18; Baton v. Eaton, 8 Vroom. (N. J.), 108; JUigganv.
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Appeal from Buchanan Circuit Court. — Hon. Henry Mb Bamey, Judge. (1) The deed to Ashton was made before office found, and, as he acted in good faith and without knowledge of plaintiff’s incapacity, she could not avoid the deed without tendering back the consideration received by her, or paid out for her benefit. Boyer v. Benymcm, 123 Ind. 451; Copenrath v. Kienby, 83 Ind. 18; Baton v. Eaton, 8 Vroom. (N. J.), 108; JUigganv. Green, 80 N. Car. 236; 1 Story on Equity Jurisprudence, sec. 228; 2 Pomeroy oh Equity Jurisprudence, sec. 946; 11 American & English Encyclopedia of Law, 136; Wirebach v.…
1Opinion of the CourtMacparlane, J.
This is a suit to enjoin defendants from selling under a deed of trust a tract of one hundred and twenty acres of land belonging to the plaintiff, oh the ground that she was insane when she executed the deed, and it was, therefore, void.
The petition charges, in substance, that in the year 1881 plaintiff was the wife of Henry P. Blount, and was and still is the owner of one hundred and twenty acres of land (describing it), and was at that time, and ever since has been, and still is of unsound mind and wholly incapable of transacting business; that, on the twenty-seventh day of April, 1888, she…
2Cases cited8 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Gribben v. MaxwellSupreme Court of Kansas · 1885
- Gage v. GatesSupreme Court of Missouri · 1876
- McElroy v. MaxwellSupreme Court of Missouri · 1890
- Munford v. WilsonSupreme Court of Missouri · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Bower v. DanielSupreme Court of Missouri · 1906
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Lastofka v. LastofkaSupreme Court of Missouri · 1936
- McKee v. DowningSupreme Court of Missouri · 1909
- Kinney v. MurraySupreme Court of Missouri · 1902
39 more not listed; retrieve them via the Exa API.