Legal Opinion

Martin v. Baker

Supreme Court of Missouri

Decided October 15, 1896PublishedCited by 12 opinions

Appeal from Andrew Circuit Court.— Hon. William S. Herndon, Judge. (1) The first deed was for a valuable consideration, and ‘ 'neither old age, disease, mental weakness, inadequacy of consideration, nor confidential relations, are per se independent and substantial grounds upon which courts of equity will interfere to relieve a party from a contract voluntarily entered into, for a valuable consideration. ’’’ Taylor v. Crockett, 123 Mo. 300; Likins v. Likins, 122 Mo. 279;…

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Appeal from Andrew Circuit Court.— Hon. William S. Herndon, Judge. (1) The first deed was for a valuable consideration, and ‘ 'neither old age, disease, mental weakness, inadequacy of consideration, nor confidential relations, are per se independent and substantial grounds upon which courts of equity will interfere to relieve a party from a contract voluntarily entered into, for a valuable consideration. ’’’ Taylor v. Crockett, 123 Mo. 300; Likins v. Likins, 122 Mo. 279; Pennington v. Stanton, 28 S. W. Rep. 1067; Dickson v. Kempinksky, 96 Mo. 253.. (2) Mrs. Baker was getting old and needed…

1Opinion of the CourtMacfarlane, J.

Plaintiff and defendant Martha Baker are sisters, the only children of Lydia L. Baker, deceased, and defendant Henry Baker is the husband of the said Martha.

On the eighteenth of August, 1890, the said Lydia L. Baker, then a widow, executed and delivered to defendants a quitclaim deed conveying one hundred and sixty acres of landknownas the home place of the grantor. The consideration expressed in this deed was $ L and an agreement on the part of the grantees to support and maintain the grantor during her life. The grantor retained a life estate in the land. The grantees were to have the…

2Cases cited3 opinions

  1. Cadwallader v. WestSupreme Court of Missouri · 1871
  2. Hamilton v. ArmstrongSupreme Court of Missouri · 1894
  3. Carl v. GabelSupreme Court of Missouri · 1894

3Cited by12 opinions

  1. Schierbaum v. SchemmeSupreme Court of Missouri · 1900
  2. Cook v. HigginsSupreme Court of Missouri · 1921
  3. Patton v. SheltonSupreme Court of Missouri · 1931
  4. Jackson v. TibblingSupreme Court of Missouri · 1958
  5. Cornet v. CornetSupreme Court of Missouri · 1913

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