Henderson v. Ressor
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) A judgment entered by agreement of parties where the agreement is procured by fraud, misrepresentation or concealment of the facts by one of the parties, can be set aside 'by proper proceeding in a court of equity, for that purpose. State ex rel. v. Engleman, 86 Mo. 563; Golden v. "Whiteside, 109 Mo. App. 579; Trefz v. Ins.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) A judgment entered by agreement of parties where the agreement is procured by fraud, misrepresentation or concealment of the facts by one of the parties, can be set aside 'by proper proceeding in a court of equity, for that purpose. State ex rel. v. Engleman, 86 Mo. 563; Golden v. "Whiteside, 109 Mo. App. 579; Trefz v. Ins. Co., 8 Fed. 177; Marine Ins. .Co. v. Haden, 7 Cranch, 336. (2) Where one of the parties to a marriage contract was mentally incapable of contracting, the marriage is void and not voidable, and can be…
1Opinion of the CourtFaris, J.
Action in equity, brought in the Jackson Circuit Court by the kin and collateral heirs of one Ernest L. Henderson, deceased, to annul, on the ground of mental incapacity, the marriage of deceased to defendant Helen R. Henderson, and for other incidental relief. Plaintiffs being cast below have appealed.
Defendant Tillhoff is sued in his representative capacity as the executor of the last will of the deceased, and because he refused to join in the action as a party plaintiff. The Corn Belt Bank is made defendant because, as it is averred, it has in its custody as bailee for defendant Helen R.…
2Cases cited9 opinions
- Hills v. StateNebraska Supreme Court · 1901
- Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1860
- Pyott v. PyottIllinois Supreme Court · 1901
- Ridgely v. RidgelyCourt of Appeals of Maryland · 1894
- Payne v. BurdetteMissouri Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Coleman v. Kansas CitySupreme Court of Missouri · 1943
- Blackiston v. RussellSupreme Court of Missouri · 1931
- Daggs v. McDermottSupreme Court of Missouri · 1931
- Forbis Ex Rel. Davis v. ForbisMissouri Court of Appeals · 1955
19 more not listed; retrieve them via the Exa API.