Steward ex rel. Grantham v. Thomas
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. The deed of trust of May, 1857, ought not to have been admitted in evidence. Its execution was six months prior to the first transaction between the two Granthams, and it had no connection with any matter whatever involved in this controversy. Its presence was calculated to mislead the jury and make them couple it with matters to which it was essentially foreign, to the prejudice of the plaintiff’s rights. II.
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Appeal from St. Charles Circuit Court. I. The deed of trust of May, 1857, ought not to have been admitted in evidence. Its execution was six months prior to the first transaction between the two Granthams, and it had no connection with any matter whatever involved in this controversy. Its presence was calculated to mislead the jury and make them couple it with matters to which it was essentially foreign, to the prejudice of the plaintiff’s rights. II. The statements of T. P. Grantham were only hearsay, and incompetent testimony for any purpose. No evidence appears in the whole case, even…
1Opinion of the CourtDRYDen, Judge
The defendant Thomas, having an execution against one Taliaferro P. Grantham, caused Stewart the sheriff of St. Charles county, to levy the same on a lot of wheat containing about seven hundred bushels, three stacks of timothy hay, and a quantity of tobacco, as the property of said Tal-iaferro P. The property having been claimed by Charles W. Grantham the relator, a sheriff’s jury was called to try the question of ownership, who found for the claimant. Thomas, the creditor, thereupon indemnified the sheriff, who proceeded and sold under the execution. The present suit was brought on the bond…
2Cited by18 opinions
- Albert v. BeselSupreme Court of Missouri · 1885
- Lew Weinrich & Co. v. PorterSupreme Court of Missouri · 1871
- Fearey v. O'NeillSupreme Court of Missouri · 1899
- Zoll v. CarnahanSupreme Court of Missouri · 1884
- Davis v. GreenSupreme Court of Missouri · 1890
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