Legal Opinion

Draude v. Rohrer Christian Manufacturing Co.

Missouri Court of Appeals

Decided June 15, 1880PublishedCited by 1 opinion

Appeal from the St. Louis Circuit Court, Adams, J. Courts of chancery will correct deeds which, by mistake or fraud, do not contain the contract of the parties. —Crum s. Loud, 23 Iowa, 219 ; Van Wagner v. Van Nostrand, 19 Iowa, 422; Loss v. Obey, 22 N. J. Eq. 54; Easton s. Easton, 37 N. J. L. 108. To prevent the effect of a fraud, equity will carry into effect the contracts of married women. —Class v. Warwick, 40 Pa. St. 140 ; Lamerón v. Jamison, 4 Mo.

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Appeal from the St. Louis Circuit Court, Adams, J. Courts of chancery will correct deeds which, by mistake or fraud, do not contain the contract of the parties. —Crum s. Loud, 23 Iowa, 219 ; Van Wagner v. Van Nostrand, 19 Iowa, 422; Loss v. Obey, 22 N. J. Eq. 54; Easton s. Easton, 37 N. J. L. 108. To prevent the effect of a fraud, equity will carry into effect the contracts of married women. —Class v. Warwick, 40 Pa. St. 140 ; Lamerón v. Jamison, 4 Mo. App. 299 ; Price v. Hart, 29 Mo. 171; McQuie v. Peay, 58 Mo. 56. Yague information which could not be followed up by reference to the records…

1Opinion of the CourtBakewell, J.

This was a proceeding m equity to set aside a deed of trust. At the close of plaintiffs’ case the court gave a declaration of law to the effect that on the testimony, the plaintiffs were not entitled to recover. Plaintiffs then took a nonsuit, which the court subsequently refused to set aside.

The testimony introduced was to the effect that Mildred Brockage, the widow of John Brockage, married one Charles S. Alvord on the 17th of November, 1875, in the city of St. Louis, where she and her former 'husband had previously resided. About two months after her marriage, and during her husband’s…

2Cases cited3 opinions

  1. Jackson ex dem. Hyer v. Van ValkenburghNew York Supreme Court · 1828
  2. Butler v. M'IntyreNew York Supreme Court · 1807
  3. Dameron v. JamisonMissouri Court of Appeals · 1877

3Cited by1 opinion

  1. Sanford Sachtleben and Luciann Hruza v. Alliant National Title Insurance Co.Missouri Court of Appeals · 2023

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