Conrey v. Pratt
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. F. C. Johnston. Judge. (1) Defendant could call plaintiff and make Mm her witness.. Plaintiff Conrey could not object to this testimony because Pratt was dead.
Read the full summary
Appeal from Lawrence Circuit Court. — Hon. F. C. Johnston. Judge. (1) Defendant could call plaintiff and make Mm her witness.. Plaintiff Conrey could not object to this testimony because Pratt was dead. This right belonged to Mrs. Pratt and she saw fit to waive that right, make Conrey her witness, and the court erred in striking out his testimony, as Conrey’s testimony shows he was present when the notary stated to Mrs.Pratt that they were not taking a deed of trust but merely a lien on the building, as shown by testimony of Mrs. Pratt and testimony of Conrey.- Yandergriff v. Swinney, 158 Mo.…
1Opinion of the Court
OPINION.
I
BOND, J.
Appellate Jurisdiction. (After stating the facts as above).— Respondent’s brief suggests a question of our jurisdiction to determine this appeal. - Where a deed of trust is alleged to have been procured by fraud and is sought to be annulled for that reason —which is the defense made in this case — ■ the title.to land is put in issue directly, and the appellate jurisdiction is exclusively vested in this court by the Constitution. [Vandeventer v. Bank, 232 Mo. l. c. 625; Loewenstein v. Insurance Co., 227 Mo. 100.] The appeal, therefore, was rightfully taken.
The equitable…
2Cases cited3 opinions
- Loewenstein v. Queen InsuranceSupreme Court of Missouri · 1910
- Brawford v. WolfeSupreme Court of Missouri · 1890
- Ford v. Unity Church SocietySupreme Court of Missouri · 1894
3Cited by15 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- Koewing v. Greene County Building & Loan Ass'nSupreme Court of Missouri · 1931
- Howell v. ReynoldsSupreme Court of Missouri · 1952
- Inlow v. HerrenSupreme Court of Missouri · 1924
10 more not listed; retrieve them via the Exa API.