Turley v. Edwards
Missouri Court of Appeals
Appeal from Cooper Circuit Court, Hon. E. L. Edwards, J. The facts are stated in the opinion. I. H, as respondent alleges in her petition, the consideration for the notes and deed of trust was the suppression of a criminal prosecution, and the contract, into which she vohintarily entered, was opposed to public policy, then she is in no condition to ask affirmative 'relief from a court of equity. In such cases courts of equity uniformly refuse to interfere.
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Appeal from Cooper Circuit Court, Hon. E. L. Edwards, J. The facts are stated in the opinion. I. H, as respondent alleges in her petition, the consideration for the notes and deed of trust was the suppression of a criminal prosecution, and the contract, into which she vohintarily entered, was opposed to public policy, then she is in no condition to ask affirmative 'relief from a court of equity. In such cases courts of equity uniformly refuse to interfere. They will not aid the one party to enforce, nor the other to cancel such a contract. Davis v. Luster, 64 Mo. 43 ; Kitchen v. Greenabaum,…
1Opinion of the Court
Opinion by
Philips, P. J.
This is an action to enjoin the collection of certain notes and the enforcement of a deed of trust, executed as security for said notes, and to have the same canceled. The material averments of the petition are: That at the time plaintiff, who was and is a widow, signed said notes and executed said deed of trust, there was pending in the circuit court of Cooper county an indictment against her son, P. M. Turley, for the crime of perjury, who then was a fugitive from justice. The defendant, O. D. Edwards, claiming that he had paid out large sums of money as bondsman for…
2Cases cited6 opinions
- Bartle v. NuttSupreme Court of the United States · 1830
- Harris v. CarmodyMassachusetts Supreme Judicial Court · 1881
- Compton v. Bunker Hill BankIllinois Supreme Court · 1880
- Tapley v. TapleySupreme Court of Minnesota · 1865
- Allison v. HessSupreme Court of Iowa · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bell v. CampbellSupreme Court of Missouri · 1894
- Mississippi Valley Trust Co. v. BegleySupreme Court of Missouri · 1923
- Gilchrist v. HatchIndiana Supreme Court · 1914
- Roberts v. BartlettMissouri Court of Appeals · 1887
- Greenwood v. New York Life InsuranceMissouri Court of Appeals · 1887
6 more not listed; retrieve them via the Exa API.