Miller v. Slupsky
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The court erred in permitting defendant, Abraham Slupsky, to testify.- When one p’arty to the contract is dead the other party is incompetent.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The court erred in permitting defendant, Abraham Slupsky, to testify.- When one p’arty to the contract is dead the other party is incompetent. R. S. 1899, sec. 4652; Meier v. Thieman, 90 Mo. 433; Chapman v. Dougherty, 87 Mo. 617; Ring v. Jamison, 66 Mo. 424; Wood v. Mathews, 73 Mo.- 477; Stanton v. Ryan, 41 Mo. 514. (2) A trust is raised in favo-r of on© who pays the consideration for land, although the deed is made to another. Price v. Kaine, 112 Mo. 412; Darrier v. D'arrier, 58 Mo. 227; Hall v. Hall, 107 Mo. 101; Miller…
1Opinion of the CourtBrace, P. J.
On the 16th of January, 1895, Sophia Slupsky, wife of the defendant Abraham Slupsky, died intestate, without lineal descendants, leaving surviving her, the plaintiffs, her mother, Esther Miller, her sister Sarah Wasser, her half brother, Julius Miller, her sister, Lea Silverstein, her half sister, Eva Berger, and the defendant her sister, Florida Slupshy, her only heirs at law. Prior thereto, on the 27th of March, 1894, by warranty deed of that date, duly recorded, Morris Micheál, executor of the estate of Lucy Drucker, in consideration of the sum of $4,500, conveyed to the said defendant…
2Cases cited3 opinions
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Lins v. LenhardtSupreme Court of Missouri · 1895
- Messimer v. McCraySupreme Court of Missouri · 1893
3Cited by11 opinions
- McKee v. DowningSupreme Court of Missouri · 1909
- Richardson v. KuhlmyerSupreme Court of Missouri · 1952
- Fogle v. PindellSupreme Court of Missouri · 1913
- Larue Ex Rel. Miller v. LarueSupreme Court of Missouri · 1927
- Smith v. SmithSupreme Court of Missouri · 1907
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