Singer Manufacturing Co. v. Stephens
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. Jno. P. Butler, Judge. (1) While a trial court is not required to set forth its finding on all the questions of fact involved in a suit in equity, yet, in order for the decree to stand, there must be either a general finding of the facts for the party in whose favor the decree is rendered, or a finding of such ultimate facts as will authorize the rendition of the decree.
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Appeal from Chariton Circuit Court. — Hon. Jno. P. Butler, Judge. (1) While a trial court is not required to set forth its finding on all the questions of fact involved in a suit in equity, yet, in order for the decree to stand, there must be either a general finding of the facts for the party in whose favor the decree is rendered, or a finding of such ultimate facts as will authorize the rendition of the decree. In a suit to set aside a deed for fraud, in order for a decree in favor of the plaintiff to stand, there must be a general finding for plaintiff or a finding of such facts as will…
1Opinion of the CourtEobinson, J.
— This suit was begun by the filing of a petition in two counts. The first count was in ejectment for the possession of eighty acres of land in Chariton county, described as the north half' of the northwest quarter of section 21, township 55, of range 18. The second count was in equity to set aside a deed made by the defendant Charles C. Clifton, to the defendant Isabel Stephens, to the eighty acres of land described in the first count, on the alleged ground that the deed was made without consideration and for the fraudulent purpose of hindering, delaying and defrauding the plaintiff, a…
2Cited by18 opinions
- Holton v. CochranSupreme Court of Missouri · 1907
- Armor v. LewisSupreme Court of Missouri · 1913
- Howell v. Jackson CountySupreme Court of Missouri · 1914
- Guinan v. DonnellSupreme Court of Missouri · 1907
- Zeis v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1907
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