Glasscock v. Minor
Supreme Court of Missouri
APPEAL from Marion Circuit Court. The decree dissolving the injunction and dismissing the bill for want of equity, is erroneous; for if the bill, taking it as true, contains equity, the answer admits all the essential allegations except the intent to deceive in making the false representations, and the only thing set up in the answer by way of excuse, is the ignorance of the defendant that the representations were false at the time he made them. 10 Ves., 475; 1 Vernon, 336;…
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APPEAL from Marion Circuit Court. The decree dissolving the injunction and dismissing the bill for want of equity, is erroneous; for if the bill, taking it as true, contains equity, the answer admits all the essential allegations except the intent to deceive in making the false representations, and the only thing set up in the answer by way of excuse, is the ignorance of the defendant that the representations were false at the time he made them. 10 Ves., 475; 1 Vernon, 336; 9 Ves., 23; 2 Vernon, 150; 1 P. Win. 240. 1. The record of the proceedings at lav/, on foreclosure of mortgage, not…
1Opinion of the CourtNapton, J.
Glasscock filed a bill to enjoin the collection of a judgment at law-obtained by Minor for the purchase money of certain real estate sold by Minor to Glasscock. The facts, as gathered from the bill and answer, were as follows:
Minor sold Glasscock nine lots in the town of Palmyra, for two of which, he gave a deed with a warranty of title. For the remainder of the lots, he executed a quit claim deed. The consideration for the entire lots was $800; the two lots, for which a deed with warranty was given, being worth about $250. Minor’s title to the lots, which he did not warrant, was derived from…
2Cases cited1 opinion
- Smith v. RichardsSupreme Court of the United States · 1839
3Cited by9 opinions
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Borders v. KattlemanIllinois Supreme Court · 1892
- Ellenburg v. Edward K. Love Realty Co.Supreme Court of Missouri · 1933
- Morse v. RathburnSupreme Court of Missouri · 1871
- Morgan County Coal Co. v. HaldermanSupreme Court of Missouri · 1914
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