McKinney v. Hensley
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. In tbe case at bar, we have the concurring elements of old age, physical and mental weakness and want of consideration, without any apparent reasons for the transaction, m connection with something stronger than mere suspicion that actual fraud and undue influence existed. All the cases agree that such a bargain cannot stand.
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Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. In tbe case at bar, we have the concurring elements of old age, physical and mental weakness and want of consideration, without any apparent reasons for the transaction, m connection with something stronger than mere suspicion that actual fraud and undue influence existed. All the cases agree that such a bargain cannot stand. Free-land v. Eldridge, 19 Mo. 325 ; Cadwallader v. West, 48 Mo. 483 ; Perkins v. Scott, 23 Iowa 237; Seeley v. Price, 14 Mich. 541; Ellis v. Mathews, 19 Texas 390; Allore v. Jewell, 94 U. S. 506 ; Tracy v.…
1Opinion of the CourtNorton, J.
This suit was instituted in the circuit court of Carroll county by the heirs of James Hensley, deceased, to set aside two deeds made by their ancestor to his son Foster Hensley, conveying to him certain land in said county. One of the deeds was dated 21st of September, 1874, and acknowledged the 24th of the same month ;■ the other was dated the 22nd of December, 1875, and acknowledged the same day. The first was a deed of general warranty executed by said Hensley alone, the second was a quit-claim executed by said Hensley and also by his wife. Both of them conveyed the same land. The grounds…
2Cases cited3 opinions
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- Bradshaw v. YatesSupreme Court of Missouri · 1877
- Ford v. HennessySupreme Court of Missouri · 1879
3Cited by5 opinions
- McKissock v. GroomSupreme Court of Missouri · 1899
- Doherty v. NobleSupreme Court of Missouri · 1897
- Smith v. SmithSupreme Court of Missouri · 1921
- State ex rel. Johnson v. TrueMissouri Court of Appeals · 1886
- Hatcher v. HatcherSupreme Court of Missouri · 1897