Legal Opinion

Philips v. Bailey

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 15 opinions

Appeal from, Jackson Circuit Court. — Hon. S. H. ■’Woodson, Judge. (1) The evidence excluded by tbe court was both relevant and competent. It tended to rebut any inference of fraud as alleged that could possibly be made from other facts given in evidence. (2) A court of equity will not relieve against the stipulations or covenants contained in a contract except on the ground of fraud or mistake in consequence of which such stipulations or covenants are entered into.

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Appeal from, Jackson Circuit Court. — Hon. S. H. ■’Woodson, Judge. (1) The evidence excluded by tbe court was both relevant and competent. It tended to rebut any inference of fraud as alleged that could possibly be made from other facts given in evidence. (2) A court of equity will not relieve against the stipulations or covenants contained in a contract except on the ground of fraud or mistake in consequence of which such stipulations or covenants are entered into. Sloat v. Bean, 47 la. 60; Malcolm v. Allen, 49 N. Y. 448; Bennet v. Stevenson, .53 N. Y. 508.; Ileath v. Hall, 60 111. 344;…

1Opinion of the CourtRay, J.

Respondent filed this bill in equity in the circuit court of Jackson county, Missouri, to set aside a certain sale and deed executed thereunder by appellant, Bailey, to his co-appellant, the First National Bank of Pleasant Hill, Missouri.

He alleges therein, in substance that he is the owner of the southeast quarter of the northeast quarter and the-northeast quarter of the southeast quarter of section 33, *641township 47, range 80, Jackson county; that on July 2, 1877, he and his wife executed a deed of trust, conveying said land to one Powell, as trustee, to secure the payment of a bond in the…

2Cases cited1 opinion

  1. Whelan v. ReillySupreme Court of Missouri · 1876

3Cited by15 opinions

  1. Spires v. LawlessMissouri Court of Appeals · 1973
  2. Capital City Motors, Inc. v. Thomas W. Garland, Inc.Supreme Court of Missouri · 1962
  3. Swon v. StevensSupreme Court of Missouri · 1898
  4. Hudson Bro's Commission Co. v. Glencoe Sand & Gravel Co.Supreme Court of Missouri · 1897
  5. Wilson v. ReedSupreme Court of Missouri · 1917

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