Tucker v. Gentry
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. Jtyo. A. Hocltaday, Judge. (1) Declarations of a party against his interests, at the time they are made, are admissible against him. Wynn v. Cory, 48 Mo. 346; Stewart v. Glenn, 58 Mo. 481; Diel v. Stegner, 50 Mo.
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Appeal from Boone Circuit Court. — Hon. Jtyo. A. Hocltaday, Judge. (1) Declarations of a party against his interests, at the time they are made, are admissible against him. Wynn v. Cory, 48 Mo. 346; Stewart v. Glenn, 58 Mo. 481; Diel v. Stegner, 50 Mo. App. 535. (2) When both parties to an action are dead, if the action involves property of the deceased parties, the heirs of both deceased parties who derive title from such ancestor are deprived of the right to testify under section 4652, Revised Statutes 1899. Messimer v. McCray, 113 Mo. 382. (3) Under our married women’s act, property…
1Opinion of the CourtBroadlus, J.
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The plaintiff as administrator of the estate of W. W. Tucker, deceased, sues tbe defendant as executor of tbe estate of R. L. Todd, deceased. Tbe history of tbe case in tbe main is substantially as follows:
In June 1889, Miss Bettie P. Todd, a daughter of R. L. Todd, deceased, bought a thirty-acre farm of one C. S. Pierce in tbe state of California, at tbe price of $7,597.20, *659in payment for which" she borrowed about $1,800 from her father which said amount she paid to Pierce to complete the cash payment required, and for the balance she executed three promissory notes, two for $1,000 each and…
2Cases cited11 opinions
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Messimer v. McCraySupreme Court of Missouri · 1893
- Joice v. BransonSupreme Court of Missouri · 1880
- Leach v. McFaddenSupreme Court of Missouri · 1892
- Miller v. SlupskySupreme Court of Missouri · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Allen West Commission Co. v. RichterSupreme Court of Missouri · 1921
- Smith v. BrinkleyMissouri Court of Appeals · 1910
- Ginter v. McBrideMissouri Court of Appeals · 1928
- Hyland's Estate v. Foote's EstateSupreme Court of Vermont · 1933
- Supreme Council Royal Arcanum v. BevisMissouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.