Obst v. Unnerstall
Supreme Court of Missouri
Appeal from Cape Girardeau. Court of Common Pleas. —Hon. John A. Snider, Judge. (1) Tlie evidence establishes conclusively that the-closest confidential relations existed between plaintiff andi defendant, and that sbe relied upon Mm implicitly. (2) The gain in the transaction was all on tbe defendant’s side.
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Appeal from Cape Girardeau. Court of Common Pleas. —Hon. John A. Snider, Judge. (1) Tlie evidence establishes conclusively that the-closest confidential relations existed between plaintiff andi defendant, and that sbe relied upon Mm implicitly. (2) The gain in the transaction was all on tbe defendant’s side. If tbe old lady bad passed away without discovering the fraud, the $1,000 note would never have been heard of and her daughter would have been compelled to be content with defendant’s generosity under that clause of the will which says, “to my daughter, Mary A. Peterson, I leave my best…
1Opinion of the CourtMarshall, J.
This is a bill in equity to set aside a deed, made by the plaintiff to the defendant, to lot 47 of Garaghty’s addition to Cape Girardeau, on the ground that it was procured by fraud and undue influence and because of failure of consideration. The answer is a general denial. The trial court entered a judgment for the defendant, and the plaintiff appealed. This is a proceeding in equity and the facts mil be stated in the course of the opinion.
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The plaintiff is a four-times widow, and when the deed sought to be set aside was made,. she was over eighty years old. Though so often playing the…
2Cases cited4 opinions
- Dingman v. RomineSupreme Court of Missouri · 1897
- Martin v. BakerSupreme Court of Missouri · 1896
- Wilson v. JacksonSupreme Court of Missouri · 1902
- Armstrong v. LoganSupreme Court of Missouri · 1893