Hamilton v. McLean
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) This is a proceeding in equity by which plaintiff seeks to set aside a decree in partition, and to cancel a forged deed upon which that decree is based. The lower court on demurrer dismissed the bill. (2) A forgery, except by consent, expressed or implied, can not be made the basis of a right in any form whatever. Remington Paper Go. v. O’Dougherty, 16 Hun. 594; Jackson v. Summerville, 13 Pa.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) This is a proceeding in equity by which plaintiff seeks to set aside a decree in partition, and to cancel a forged deed upon which that decree is based. The lower court on demurrer dismissed the bill. (2) A forgery, except by consent, expressed or implied, can not be made the basis of a right in any form whatever. Remington Paper Go. v. O’Dougherty, 16 Hun. 594; Jackson v. Summerville, 13 Pa. St: 359, 368; Rowland v. Jones, 2 Heisk. (Tenn.) 321; Dunnv. Miller, 96 Mo. 324. (1) The fraud which will justify a court in setting…
1Opinion of the CourtBurgess, J.
This is a proceeding in equity by which plaintiff seeks to set aside a decree of partition, rendered' by the circuit court of Buchanan county in pursuance of a mandate of the Supreme Court. The petition, leaving off the formal parts, is as follows:
“Plaintiff for his amended petition says that the defendants, Finis L. McLean and Susan J. McLean are husband and wife: That heretofore, to wit, on the second day of August, 1889, John L. Hamilton departed this life, unmarried and without issue, leaving as his heirs at law the plaintiff and a sister, the defendant Eliza H. Armstrong; that plaintiff…
2Cases cited10 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Ward v. . Town of SouthfieldNew York Court of Appeals · 1886
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Nichols v. StevensSupreme Court of Missouri · 1894
- Payne v. O'SheaSupreme Court of Missouri · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cross v. GouldMissouri Court of Appeals · 1908
- Chicago, R. I. & P. Ry. Co. v. CallicotteCourt of Appeals for the Eighth Circuit · 1920
- Bates v. HamiltonSupreme Court of Missouri · 1898
28 more not listed; retrieve them via the Exa API.