McDermeitt v. Keesler
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. Alonzo I). Burnes, Judge. (1) That part of the decree of the court which fails to set aside the deed as to the ninety-nine-acre tract of land mentioned in the petition is erroneous, and should he reversed. 1. Said part of said decree is against the law and the evidence, and the weight of the evidence. 2. The evidence conclusively shows that Henry Keesler, deceased, and Mary Keesler, his wife, were aged, infirm, weak in body and mind,…
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Appeal from Andrew Circuit Court. — Hon. Alonzo I). Burnes, Judge. (1) That part of the decree of the court which fails to set aside the deed as to the ninety-nine-acre tract of land mentioned in the petition is erroneous, and should he reversed. 1. Said part of said decree is against the law and the evidence, and the weight of the evidence. 2. The evidence conclusively shows that Henry Keesler, deceased, and Mary Keesler, his wife, were aged, infirm, weak in body and mind, not capable of attending to. any business, and that they did not, at the time it is alleged they made their marks to…
1Opinion of the CourtKennish, J.
This is an appeal from a judgment of the circuit court of Andrew county. Appellants, plaintiffs below, are children and heirs of Henry Keesler, deceased, and his widow, Mary Keesler. Respondents, defendants below, are the widow and minor son of Lafayette Keesler, deceased, the latter having died about a year prior to the death of Ms father, the said Henry Keesler.
It is alleged in the petition that Henry Keesler, deceased, in his lifetime, was seized in fee of two tracts of land in Andrew county, Missouri, particularly described in the petition, one containing ninety-nine' acres and the other…
2Cases cited4 opinions
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Ennis v. BurnhamSupreme Court of Missouri · 1901
- Bender v. ZimmermanSupreme Court of Missouri · 1896
- Kisschner v. KirschnerSupreme Court of Missouri · 1892
3Cited by4 opinions
- Boatmen's National Bank v. FleddermanSupreme Court of Missouri · 1944
- Cohron v. PolkSupreme Court of Missouri · 1913
- Feigenspan v. PenceSupreme Court of Missouri · 1943
- Oldham v. McKayMissouri Court of Appeals · 1940