Clinkenbeard v. Weatherman
Supreme Court of Missouri
Appeal from Taney Circuit court. — Hon. James T. Neville, Judge. (1) The defendants being insolvent, and the plaintiffs having sought and been refused a rescission of their contract of sale, and there being no adequate remedy at law, the plaintiffs were’entitled to equitable relief. The bill clearly states a cause of action and it lay within the power of the court sitting as a court of equity to grant any relief consistent with the pleadings.
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Appeal from Taney Circuit court. — Hon. James T. Neville, Judge. (1) The defendants being insolvent, and the plaintiffs having sought and been refused a rescission of their contract of sale, and there being no adequate remedy at law, the plaintiffs were’entitled to equitable relief. The bill clearly states a cause of action and it lay within the power of the court sitting as a court of equity to grant any relief consistent with the pleadings. Mason v. Black, 81 Mo. •347. (2) Courts of equity will grant a wholesome relief, declare the property a trust, or grant a money judgment. Rutherford v.…
1Opinion of the CourtMarshall, J.
This is a suit in equity to cancel a conveyance of land in Taney county and to recover the purchase price paid.
The name of James A. Weatherman appears as one of the defendants in this case, but as he does not appear to have been served with process and as his name is omitted from the second amended petition, and he is not referred to therein in any manner, it is not clear why his name should appear as a defendant in the record. ■
The plaintiffs are Louis Clinkenbeard, Anna Clinken-beard, his wife, and Luella Clinkenbeard, their daughter. The defendants are Solomon Kornbleet, Katie Kornbleet,…
2Cases cited4 opinions
- Langdon v. GreenSupreme Court of Missouri · 1872
- Buford v. CaldwellSupreme Court of Missouri · 1834
- Morse v. RathburnSupreme Court of Missouri · 1871
- Glasscock v. MinorSupreme Court of Missouri · 1848
3Cited by5 opinions
- Blanke v. MillerSupreme Court of Missouri · 1954
- Burger v. BoardmanSupreme Court of Missouri · 1914
- Lunscheon v. WocknitzSouth Dakota Supreme Court · 1907
- Hines v. RoyceMissouri Court of Appeals · 1908
- Cook v. SmithMissouri Court of Appeals · 1914