Fanning v. Doan
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. Paris O. Stepp, Judge. (1) . Before the court will reform the deed on account of mistake, the mistake must be made out by evidence which will strike the mind of the chancellor as free from reasonable doubt. Steinberg v. Ins. Co., 49 Mo. App. 255; Forrester v. Seoville, 51 Mo. 268; Atkison v. Henry, 80 Mo. 151; Tesson v. Atlantic Mutual Ins. Co., 40 Mo. 33; Sweet v. Owens, 109 Mo. 1; Turner-v. Shaw, 96 Mo. 22; Johnsonv.
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Appeal from Grundy Circuit Court. — Hon. Paris O. Stepp, Judge. (1) . Before the court will reform the deed on account of mistake, the mistake must be made out by evidence which will strike the mind of the chancellor as free from reasonable doubt. Steinberg v. Ins. Co., 49 Mo. App. 255; Forrester v. Seoville, 51 Mo. 268; Atkison v. Henry, 80 Mo. 151; Tesson v. Atlantic Mutual Ins. Co., 40 Mo. 33; Sweet v. Owens, 109 Mo. 1; Turner-v. Shaw, 96 Mo. 22; Johnsonv. Quarles et al., 46 Mo. 423. (2) The mistake, if any was made, was the mistake of Benajah.Doan alone, and to authorize a court of equity…
1Opinion of the CourtBrace, J.
This is an action of ejectment to recover the possession of an undivided one fifth of a tract of land in G-rundy county, described in the petition. The undisputed facts in the case are, that in the year 1861, the defendant, who was then a widow having children then and still living, by two former marriages, intermarried with one John Doan. That they lived together as husband and wife on the farm of said John in said county from that time until his death; that there was born to them of the marriage four children, John, Daniel, Deborah, and Reeves S. That on the sixth of November, 1876, the…
2Cases cited12 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Sweet v. OwensSupreme Court of Missouri · 1891
- Turner v. ShawSupreme Court of Missouri · 1888
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kinney v. MurraySupreme Court of Missouri · 1902
- Brewer v. BlantonMissouri Court of Appeals · 1977
- Collins v. HarrellSupreme Court of Missouri · 1909
- McKee v. HigbeeSupreme Court of Missouri · 1904
- Zahner v. KlumpSupreme Court of Missouri · 1956
5 more not listed; retrieve them via the Exa API.