Kinzer v. Kinzer
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. G-. Wear, Judge. (1) The deed sought to be set aside in this proceeding was obtained by the fraudulent misrepresentations and concealment of material facts by the defendant Kinzer. It was therefore absolutely void as to E. E. Kinzer and his heirs and representatives. Turner v. Turner, 44 Mo. 537; Dickinson v. Kempinsky, 96 Mo. 256; Sayre v. Devore, 99 Mo. 439;' Crabtree v. Bradbury, 13 S. W. Eep.
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Appeal from Butler Circuit Court. — Hon. J. G-. Wear, Judge. (1) The deed sought to be set aside in this proceeding was obtained by the fraudulent misrepresentations and concealment of material facts by the defendant Kinzer. It was therefore absolutely void as to E. E. Kinzer and his heirs and representatives. Turner v. Turner, 44 Mo. 537; Dickinson v. Kempinsky, 96 Mo. 256; Sayre v. Devore, 99 Mo. 439;' Crabtree v. Bradbury, 13 S. W. Eep. (Ark.) 935. (2) The bill in this case distinctly charges the defendant with fraud, misrepresentation, ‘and concealment. He does not, in his answer or by…
1Opinion of the CourtBubgess, J.
A suit in equity by plaintiffs, who are children and 'the only heirs at law of Elias E. Kinzer, deceased, to cancel and set aside a certain deed executed by said deceased to the defendant Kinzer, on the thirteenth day of December, 1888, conveying to him an undivided one fourth interest in a tract of land in Butler* county, Missouri, upon which is located the greater portion of Kinzer’s addition to the city of Poplar Bluff. Elias E. Kinzer died December 27, 1888.
Defendant Kinzer before the commencement of this suit conveyed by quitclaim deed a one third interest of the one fourth interest…
2Cases cited2 opinions
- Bartlett v. BrownSupreme Court of Missouri · 1894
- Sayer v. DevoreSupreme Court of Missouri · 1889
3Cited by2 opinions
- Barrett v. BakerSupreme Court of Missouri · 1896
- Greditzer v. Continental InsuranceMissouri Court of Appeals · 1902