Legal Opinion

Morrison v. Juden

Supreme Court of Missouri

Decided June 28, 1898PublishedCited by 7 opinions

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

  1. Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
  2. Hickman v. GreenSupreme Court of Missouri · 1894
  3. Sprague v. RooneySupreme Court of Missouri · 1891
  4. Maupin v. EmmonsSupreme Court of Missouri · 1871

3Cited by7 opinions

  1. Medicus v. AltmanMissouri Court of Appeals · 1918
  2. Smith v. BarnesOregon Supreme Court · 1929
  3. Johnson v. FluetschSupreme Court of Missouri · 1903
  4. American Bank v. BraySupreme Court of Missouri · 1928
  5. Henson v. WagnerMissouri Court of Appeals · 1982

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