Wood v. Broadley
Supreme Court of Missouri
Appeal from Balls Circuit Court.—Hon. John T. Eedd, Judge. 1. John 0. Wood was a necessary party co-plaintiff, [Edmonson v. Phillips, 73 Mo. 60,) and as such party he was a competent witness. Steffen v. Bauer, 70 Mo. 399, p. 404. He had a substantial interest as a party litigating for a tenancy by the curtesy initiate, [PTaerle v. Kreihn, 65 Mo. 202; Joice v. Branson, 73 Mo. 28,) and the court erred in excluding him from the witness stand.
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Appeal from Balls Circuit Court.—Hon. John T. Eedd, Judge. 1. John 0. Wood was a necessary party co-plaintiff, [Edmonson v. Phillips, 73 Mo. 60,) and as such party he was a competent witness. Steffen v. Bauer, 70 Mo. 399, p. 404. He had a substantial interest as a party litigating for a tenancy by the curtesy initiate, [PTaerle v. Kreihn, 65 Mo. 202; Joice v. Branson, 73 Mo. 28,) and the court erred in excluding him from the witness stand. Fugate v. Pierce, 49 Mo. 441. 2. At law a husband’s deed or gift 'to his wife is void, [Frissell v. Bozier, 19 Mo. 448; 1 Washb. Eeal Prop., (4 Ed.) 333 ;…
1Opinion of the CourtHenry, J.
The plaintiff, Elizabeth, is the daughter of Nicholas D. Broadley, deceased, and her co-plaintiff is her husband. On the 25th day of February, 1875, said Nicholas by deed conveyed to his wife, defendant Elizabeth, all the lands he owned, about 300 acres, for the expressed consideration of $2,000, which was never paid by her, and which it was not the intention of said Nicholas that she should pay. The grantee was his second wife, and the plaintiff’, Elizabeth, is the only living child of the first marriage. His second marriage occurred- in 1849, and his death in 1876. The defendant Virginia is…
2Cases cited7 opinions
- Cadwallader v. WestSupreme Court of Missouri · 1871
- Fontaine v. Boatmens' Savings InstitutionSupreme Court of Missouri · 1874
- Henderson v. Henderson's ExecutorsSupreme Court of Missouri · 1850
- Joice v. BransonSupreme Court of Missouri · 1880
- Steffen v. BauerSupreme Court of Missouri · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Allen v. KennedySupreme Court of Missouri · 1886
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Hunter v. HunterSupreme Court of Missouri · 1931
- Brooks v. OwenSupreme Court of Missouri · 1892
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
5 more not listed; retrieve them via the Exa API.