Morrison v. Juden
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Gowt. — Hon. - ' Henbn C. Rilen, Judge. (1) The burden of proof to show innocence of purchaser rests on respondent. Eoldsworth v. Shannon, 113 Mo. 508. (2) Respondent’s defenses are inconsistent, to wit: First, ‘ ‘Morrison and his wife have committed a fraud upon the public, therefore, I can commit a fraud;” second, lam an innocent purchaser without notice.
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Appeal from Cape Girardeau Circuit Gowt. — Hon. - ' Henbn C. Rilen, Judge. (1) The burden of proof to show innocence of purchaser rests on respondent. Eoldsworth v. Shannon, 113 Mo. 508. (2) Respondent’s defenses are inconsistent, to wit: First, ‘ ‘Morrison and his wife have committed a fraud upon the public, therefore, I can commit a fraud;” second, lam an innocent purchaser without notice. Long v. Long, 112 Mo. 11; Brown v. Bowen, 90 Mo. 186. (3) Notice need not be direct or positive; anything to put a prudent man on inquiry, is sufficient. Swisher v. Sensenderfer, 84 Mo. 104; Sensenderfer…
1Opinion of the CourtGantt, P. J.
Plaintiff brings this suit in equity to divest defendant of the title to a certain lot in the city of Gape Girardeau and vest it in herself, and to cancel a deed to the same from one Mary Fisher to defendant. Plaintiff states that she is the owner of lot 27, range A in Gape Girardeau; that she obtained for value a deed from said Mary Fisher to said lot on April 23,1894, but carelessly and inadvertently omitted to file the same for record in the land records of Gape Girardeau county; that defendant on June 8,1894, by means of false and fraudulent pretenses, obtained from said Mary Fisher a…
2Cases cited4 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
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- Sprague v. RooneySupreme Court of Missouri · 1891
- Maupin v. EmmonsSupreme Court of Missouri · 1871
3Cited by7 opinions
- Medicus v. AltmanMissouri Court of Appeals · 1918
- Smith v. BarnesOregon Supreme Court · 1929
- Johnson v. FluetschSupreme Court of Missouri · 1903
- American Bank v. BraySupreme Court of Missouri · 1928
- Henson v. WagnerMissouri Court of Appeals · 1982
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