Worley v. Dryden
Supreme Court of Missouri
Appeal from Bates Circuit Court. I. There are no averments in the petition .of fraud, mistake, surprise or inadequacy of price in making the contract as expressed in the deed, or in the execution of the same. And these are the only cases in which parol evidence is admissible in equity against the contract specified in the deed. (Stephens vs. Cooper, 1 Johns. Ch., 428; Wells.vs. Kice, 1 .Hill, 602; 6 Ilill, 220; Watkins vs. Sockett, 6 Hav. J., 444; 1 Sandf.
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Appeal from Bates Circuit Court. I. There are no averments in the petition .of fraud, mistake, surprise or inadequacy of price in making the contract as expressed in the deed, or in the execution of the same. And these are the only cases in which parol evidence is admissible in equity against the contract specified in the deed. (Stephens vs. Cooper, 1 Johns. Ch., 428; Wells.vs. Kice, 1 .Hill, 602; 6 Ilill, 220; Watkins vs. Sockett, 6 Hav. J., 444; 1 Sandf. Ch., 38; Parker vs. Tick, 2 Dev. & Battle, 195; Lyons vs. Eichmond, 2 Johns. Ch., 57; Salatut vs. Schmidt, 1 Spears E., 421; Greenwood vs.…
1Opinion of the Court
WagNee, Judge,
delivered the opinion of the court.. This ivas a proceeding in the nature of a bill in equity to have a deed absolute and unconditional on its face, for certain lands lying in Bates County, made by the plaintiff to the defendant, declared a mortgage, and asking that plaintiff might be permitted to redeem.
The petition alleges, that in November, 1858, plaintiff being indebted to defendant in the sum of four hundred and two dollars for money loaned, executed to him a deed for the laud therein described ; that the deed so made, although absolute on its face, and purporting to…
2Cases cited6 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Brant v. RobertsonSupreme Court of Missouri · 1852
- Turner v. KerrSupreme Court of Missouri · 1869
- Wilson v. DrumriteSupreme Court of Missouri · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Smith v. SmithSupreme Court of Alabama · 1907
- Jones v. RushSupreme Court of Missouri · 1900
- Murray v. Butte-Monitor Tunnel Mining Co.Montana Supreme Court · 1910
- Cobb v. DaySupreme Court of Missouri · 1891
- Eystra v. CapelleSupreme Court of Missouri · 1876
13 more not listed; retrieve them via the Exa API.