Stewart v. Caldwell
Supreme Court of Missouri
Error to Henry Circuit Court. I. The petition states a good cause of action in equity. (Harris, et al. vs. Terrell’s Ex’r, 38 Mo., 421.) II. A judgment eollusively or fraudulently procured should be set aside at the instance of the party against whom it is procured. (Miles vs. Jones, 28 Mo., 87; 19 How. Prac., 289; 21 Barb., 9; 26 Barb., 262.) III. The allegations of the petition are ample and sufficient to entitle the plaintiffs to a hearing in a court of equity.
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Error to Henry Circuit Court. I. The petition states a good cause of action in equity. (Harris, et al. vs. Terrell’s Ex’r, 38 Mo., 421.) II. A judgment eollusively or fraudulently procured should be set aside at the instance of the party against whom it is procured. (Miles vs. Jones, 28 Mo., 87; 19 How. Prac., 289; 21 Barb., 9; 26 Barb., 262.) III. The allegations of the petition are ample and sufficient to entitle the plaintiffs to a hearing in a court of equity. (Sullivan vs. Burgess, 37 Mo., 300.) The allowance being obtained by fraud, it can only be set aside in a Court of Equity, (23…
1Opinion of the CourtSherwood, Judge
This was a suit, in the nature of a bill in equity, brought in the Henry County Court of Common Pleas, by the heirs at law, who were the children and grandchildren, of John R. Elliott, deceased, to set aside a certain order and judgment of allowance, made and entered in the Probate Court of said county, in favor of defendant, Jas. R. Caldwell, and against the estate of said decedent.
The petition in substance alleges that John R. Elliott, the decedent, died seized and possessed of a considerable amount of real estate, which had descended to and was held by the plaintiffs as tenants in common ;…
2Cases cited3 opinions
- Mayberry v. McClurgSupreme Court of Missouri · 1873
- Miles v. JonesSupreme Court of Missouri · 1859
- Harris v. SandersSupreme Court of Missouri · 1866
3Cited by30 opinions
- Campbell v. PeopleIllinois Supreme Court · 1895
- Hanson v. NealSupreme Court of Missouri · 1908
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Scott v. RoystonSupreme Court of Missouri · 1909
- Wallach v. JosephSupreme Court of Missouri · 1967
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