Leahey v. Witte
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. 1 Perry on Trusts, sees. 134, 215; 2 Story’s Equity Juris., sec. 1201a; Botsford v. Burr, 2 Johns. Ch. 406; Sherrill v. Crosby, 14 Johns. 358; Minot v. Mitchell, 30 Ind. 228; 3 Reed on Stat. of Frauds, sec. 929; Taylor v. Boardman, 24 Mich. 287; Hallv.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. 1 Perry on Trusts, sees. 134, 215; 2 Story’s Equity Juris., sec. 1201a; Botsford v. Burr, 2 Johns. Ch. 406; Sherrill v. Crosby, 14 Johns. 358; Minot v. Mitchell, 30 Ind. 228; 3 Reed on Stat. of Frauds, sec. 929; Taylor v. Boardman, 24 Mich. 287; Hallv. Hall, 107Mo. 101. (2) The mere breach of an agreement to hold for the .execution debtor .was not in itself a fraud. Fox' v. Heffner, 1 W. & S. 372; Hames v. O’Conner, 10 Watts, 313; McNewv.…
1Opinion of the Court
H. Clay Ewing, Special Judge.
— On August 11, 1888, Bridget Leahey died seized of the house *209and lot in controversy, situated in the city of St. Louis, .which was subject to a deed of trust made by her to one Chas. Kuhn as trustee to secure a note for $8,000,' with six interest notes for $240 each, payable at intervals of six months, and all dated April 5, 1888. This property she gave to her daughter, the plaintiff, by will.
At the time of her mother’s demise plaintiff was a minor, and did not come of age until October 28, 1888. The notes secured by the deed of trust becoming due, and default…
2Cases cited10 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Grumley v. WebbSupreme Court of Missouri · 1869
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Rose v. BatesSupreme Court of Missouri · 1848
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3Cited by16 opinions
- Swon v. HuddlestonSupreme Court of Missouri · 1955
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Kerber v. RoweSupreme Court of Missouri · 1941
- Phillips v. HardenburgSupreme Court of Missouri · 1904
- Purvis v. HardinSupreme Court of Missouri · 1938
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