Cornet v. Cornet
Supreme Court of Missouri
■Appeal from St. Louis City Circuit Court. — Hon, George C. Hitchcock, Judge. (1) Equity has jurisdiction to rescind an instrument, the execution of which has been procured .through fraud, actual or constructive, or mistake of fact. Where a court of equity once acquires jurisdiction of the subject-matter and the parties, upon any recognized branch of equitable jurisprudence, it will .retain jurisdiction until a complete disposition has been made of the case.
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■Appeal from St. Louis City Circuit Court. — Hon, George C. Hitchcock, Judge. (1) Equity has jurisdiction to rescind an instrument, the execution of which has been procured .through fraud, actual or constructive, or mistake of fact. Where a court of equity once acquires jurisdiction of the subject-matter and the parties, upon any recognized branch of equitable jurisprudence, it will .retain jurisdiction until a complete disposition has been made of the case. Barnard v. Keathley, 230 Mo. 224; Wehrs v. Sullivan, 217 Mo. 179; Reyburn v. Mitchell, 166 Mo. 365'; Real Est. Sav. Inst. v. Collonious,…
1Opinion of the CourtWoodson, P. J.
This is a bill in equity, asking for a construction of the will of Francis Cornet, deceased, and for the cancellation of, a certain deed exe-' *191cuted January 14th, 1892, by the plaintiff, George A. Cornet, to the defendant, Henry L. -Cornet.
Since the bill is quite lengthy, covering fourteen printed pages, we will content ourselves by briefly stating the substance of it.
The bill in substance charges that Francis Cornet died testate in the city of St. Louis on December 20th, 1891, seized and possessed of certain real estate and personal property worth about $235,000,- that said will was duly…
2Cases cited35 opinions
- Gay v. GillilantSupreme Court of Missouri · 1887
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Chew v. KellerSupreme Court of Missouri · 1889
30 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- O'Donnell v. Baltimore & Ohio RailroadSupreme Court of Missouri · 1930
- Cornet v. CornetSupreme Court of Missouri · 1916
- Cook v. HigginsSupreme Court of Missouri · 1921
- Patton v. SheltonSupreme Court of Missouri · 1931
- Blackiston v. RussellSupreme Court of Missouri · 1931
18 more not listed; retrieve them via the Exa API.