Whitaker v. Whitaker
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. D. H. Eby, Judge. (1) The court erred in admitting in evidence tire testimony of Robert A. Campbell that Dr. "Whitaker, father of defendant, claimed to own the land. It was self-serving, made in the absence of the other heirs, as held by this court on the former appeal. Whitaker v. Whitaker, 157 Mo. 342. That ruling was res adjudicata on the last trial in the court below.
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Appeal from Pike Circuit Court. — Hon. D. H. Eby, Judge. (1) The court erred in admitting in evidence tire testimony of Robert A. Campbell that Dr. "Whitaker, father of defendant, claimed to own the land. It was self-serving, made in the absence of the other heirs, as held by this court on the former appeal. Whitaker v. Whitaker, 157 Mo. 342. That ruling was res adjudicata on the last trial in the court below. May v. Crawford, 150 Mo. 504. (2) The court erred in refusing to give instruction 2' asked by plaintiffs. Mrs. Whitaker’s deed to her children did not merge her life estate into their…
1Opinion of the CourtMarshall, J.
— This is an action of ejectment for certain land in Pike county. It is the second appeal of the case to this court. The decision on former appeal is reported in 157 Mo. 342. The judgment of the circuit court was reversed and the cause remanded for trial anew, because the circuit court had erred in permitting Robert A. Campbell to testify “that he understood Dr. Benjamin K. Whitaker, the father of defendant, to say that he acquired the title of his brothers and sisters in this land, and that they were compensated by his interest in Mississippi, but the details of the conversation he could not…
2Cases cited4 opinions
- Storts v. GeorgeSupreme Court of Missouri · 1899
- Davis v. BriscoeSupreme Court of Missouri · 1883
- Deal v. CooperSupreme Court of Missouri · 1887
- Whitaker v. WhitakerSupreme Court of Missouri · 1900
3Cited by18 opinions
- Rollison v. Wabash RailroadSupreme Court of Missouri · 1913
- Snadon v. GayerMissouri Court of Appeals · 1978
- Boxley v. EasterSupreme Court of Missouri · 1959
- Clark v. SkinnerSupreme Court of Missouri · 1934
- McKenzie v. United Railways Co.Supreme Court of Missouri · 1909
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