McCullough v. McCullough
Supreme Court of Missouri
Error to Marion Circuit Court. The plaintiffs Edward and Delia McCullough, by their mother and guardian Ann McCullough, brought this action in 1858 against the defendant James McCullough to have the title of about a hundred acres of land vested in them.
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Error to Marion Circuit Court. The plaintiffs Edward and Delia McCullough, by their mother and guardian Ann McCullough, brought this action in 1858 against the defendant James McCullough to have the title of about a hundred acres of land vested in them. The petition sets out that the defendant, in 1845, gave the said land to his son Andrew H. McCullough, the father of the plaintiffs, in consideration of natural love and affection, and of labor rendered by said Andrew to defendant; that defendant promised said Andrew that if he went upon and improved said land he (the defendant) would execute…
1Opinion of the CourtScott, Judge
This was a suit to compel a specific performance of parol agreement to convey lands. The statute of frauds was not *229pleaded. There was a judgment for the plaintiffs. The point mainly relied on for a reversal of the judgment is, that the evidence was insufficient to warrant it. We can not weigh the evidence in this court. This court was instituted to determine questions of law and not to try matters of fact. This was a case required by law to be tried by the court, and it was therefore in the discretion of the court whether or not it' would submit issues to a jury.
It is objected that the court…
2Cases cited1 opinion
- Murphy v. MurphySupreme Court of Missouri · 1857
3Cited by2 opinions
- McNary v. CarltonSupreme Court of Missouri · 1975
- McNary v. CarltonSupreme Court of Missouri · 1975