Thomas v. Mallinckrodt
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Margaret Thomas, the plaintiff, sued the defendant, at the October term, 1858, of the St. Louis Land Court, to recover her dower in certain lands in north St. Louis, described in the petition, and being part of a larger .tract of 123/W arpents, formerly owned by Martin Thomas, her husband. Martin Thomas died September 13, 1848. The plaintiff’s petition for dower was filed September 13, 1858, against this defendant.
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Appeal from St. Louis Circuit Court. Margaret Thomas, the plaintiff, sued the defendant, at the October term, 1858, of the St. Louis Land Court, to recover her dower in certain lands in north St. Louis, described in the petition, and being part of a larger .tract of 123/W arpents, formerly owned by Martin Thomas, her husband. Martin Thomas died September 13, 1848. The plaintiff’s petition for dower was filed September 13, 1858, against this defendant. Many other persons in possession of other parts of the same tract were sued at the same term, the plaintiff averring that she had never…
1Opinion of the CourtWagner, Judge
The evidence of Oapt. Bissell, which the court excluded on the objection of the respondent, was properly ruled out, as it had no tendency to support any issue raised in the cause, and was inadmissible to show the value of the estate in controversy. Property-holders and residents of the neighborhood where land is situated are competent witnesses to fix the price of land in that neighborhood. Generally, the opinions of witnesses are not evidence; but there are exceptions to the rule. The case of the value of property forms one of the admitted exdeptions, and the opinions of Witnesses are…
2Cases cited2 opinions
- Joy v. HopkinsNew York Supreme Court · 1847
- Robertson v. . KnappNew York Court of Appeals · 1866
3Cited by9 opinions
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Hiatt Investment Co. v. BuehlerMissouri Court of Appeals · 1929
- Wilson v. Kansas City Public Service Co.Supreme Court of Missouri · 1946
- Griffin v. ReganSupreme Court of Missouri · 1883
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