Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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In’ Millard v. Hathaway, 27 Cal. 119, a case entirely parallel with tbe one at bar came up for adjudication.' There tbe bolder of tbe equitable interest sued tbe party having tbe legal title for a conveyance. -The latter'-in'.bis defense set'up a settlement, a refunding of tbe money and a parol lease. Tbe plaintiff’s estate, *597as-in this case, was created by.evidence of.facts, which by.opera-tion: of law give him an. equitable title. . Upon .this state of the case the court says ; .“It is alleged in. the answer that after the conveyance by C. W. to E. Y. Hathaway, the plaintiff released and discharged. him (E- V. Hathaway) from all claim, right or title .in and.to said described lands. This defense presupposes that the trust laid in the complaint once existed, and seeks, to avoid it on the ground of the new matter stated. The burden of proving the defense was with the party alleging it.

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