Legal Opinion

Vaulx v. Campbell

Supreme Court of Missouri

Decided July 15, 1843PublishedCited by 15 opinions

ERROR from Greene Circuit Court. 1. The court erred in permitting the declarations of the Sims’ to go to the jury, such declarations being no more than hearsay evidence. 2. The court erred in giving the defendant’s instruction, such instructions leaving the jury to judge of what constituted a legal title to the property. 1. That court did not err in admitting the declarations of the young Sims’ as to the ownership of the property, as they were in possession of the same. 2.…

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ERROR from Greene Circuit Court. 1. The court erred in permitting the declarations of the Sims’ to go to the jury, such declarations being no more than hearsay evidence. 2. The court erred in giving the defendant’s instruction, such instructions leaving the jury to judge of what constituted a legal title to the property. 1. That court did not err in admitting the declarations of the young Sims’ as to the ownership of the property, as they were in possession of the same. 2. That if the sons of deceased held themselves'out to the world as the owners of the property, and defendant intermeddled…

1Opinion of the CourtTompkins, J.

Joseph Vaulx commenced an action of debt in the Circuit Court of Greene county, against John P. Campbell, and the judgment of that court being rendered against Vaulx, he brings his writ of error to this Court, in order to reverse the judgment of the Circuit Court.

The suit was brought on two single bills obligatory for $325, each made by Isham Sims, sen., deceased, and to maintain his suit the plaintiff introduced evidence to prove that Campbell, the defendant, had become liable as his executor of his own wrong by intermeddling with the property of the deceased.

After giving the bills in…

2Cases cited4 opinions

  1. Bryan v. WearSupreme Court of Missouri · 1835
  2. Newman v. LawlessSupreme Court of Missouri · 1840
  3. Shelton v. FordSupreme Court of Missouri · 1841
  4. Finney v. AllenSupreme Court of Missouri · 1842

3Cited by15 opinions

  1. Wolff v. CampbellSupreme Court of Missouri · 1892
  2. Huston v. TylerSupreme Court of Missouri · 1897
  3. Vincent v. MeansSupreme Court of Missouri · 1904
  4. Link v. JacksonMissouri Court of Appeals · 1911
  5. Cleveland & Aurora Mineral Land Co. v. RossSupreme Court of Missouri · 1896

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