Springfield Engine & Thresher Co. v. Donovan
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hon. Reuben E. Roy, Judge. (1) Tbe court committed reversible error in overruling plaintiff’s motion to strike out defendant’s answer. It was not averred in tbe answer that plaintiff participated in tbe acts of alleged coercion by defendant Daniel of bis wife Josephine in tbe execution of tbe deed of trust to Thomas Cocke, nor that plaintiff bad any knowledge of such acts. Therefore it should not be affected by them.
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Appeal from Marion Circuit Court. — Hon. Reuben E. Roy, Judge. (1) Tbe court committed reversible error in overruling plaintiff’s motion to strike out defendant’s answer. It was not averred in tbe answer that plaintiff participated in tbe acts of alleged coercion by defendant Daniel of bis wife Josephine in tbe execution of tbe deed of trust to Thomas Cocke, nor that plaintiff bad any knowledge of such acts. Therefore it should not be affected by them. Perkins v. Bakrow, 45 Mo. App. 258; McCoy v. Green, 83 Mo. 632; Draper v. Bryson, 17 Mo. 84; Bowman v. Hiller, 130 Mass. 153; Hardwick v.…
1Opinion of the Court
BURGESS, J.-
— Ejectment for the possession of a piece of ground, one hundred and twenty, by one hundred and twenty-three feet, being part of lot 1 in block 2, Sloan’s addition to the city of Palmyra. The petition is in the usual form, and the original answer a general denial.
The case was in this court on a former occasion (120 Mo. 423), when the judgment was reversed and the cause remanded. After its reversal and remand, defendants filed an amended answer in which they admit the possession, but deny all other allegations in the petition It then avers that the notes and deed of trust given to…
2Cases cited26 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Hartley v. FroshTexas Supreme Court · 1851
- Wannell v. KemSupreme Court of Missouri · 1874
- Graham v. AndersonIllinois Supreme Court · 1867
21 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kansas City ex rel. Kansas City Hydraulic Press Brick Co. v. YoumansSupreme Court of Missouri · 1908
- Hecker v. BleishSupreme Court of Missouri · 1928
- Boatmen's Bank of Jefferson County v. Community Interiors, Inc.Missouri Court of Appeals · 1986
- Rinard v. Omaha, Kansas City & Eastern Railway Co.Supreme Court of Missouri · 1901
- Bungenstock v. Nishnabotna Drainage DistrictSupreme Court of Missouri · 1901
11 more not listed; retrieve them via the Exa API.