Williams v. Mitchell
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. Ejectment for land in the city of' Springfield; action brought February, 1889. James T. Williams is the common source of title, and plaintiffs are either his devisees, or else in one respect he represents them in this action. At the outset of the trial certain matters were settled by an agreed statement of facts as follows: “Third.
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Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. Ejectment for land in the city of' Springfield; action brought February, 1889. James T. Williams is the common source of title, and plaintiffs are either his devisees, or else in one respect he represents them in this action. At the outset of the trial certain matters were settled by an agreed statement of facts as follows: “Third. That James T. Williams died in December, 1846, testate, leaving the. following children: Mary, Ellen, Tully and Virginia and his widow, Louisa Williams. “Fourth. That said Louisa Williams, widow,…
1Opinion of the CourtSherwood, P. J.
I. It was clearly competent to offer in evidence the probate record showing the order for specific performance of the contract set forth in the title bond, and it was wholly immaterial that such record contained no caption naming the parties, and reciting neither the filing of a petition or notice to the executors, etc. And this is so because it is the established doctrine of this court that, in regard to courts exercising probate functions, they are to be treated, so far. as concerns probate matters, in all respects as courts of general jurisdiction; and the same liberal intendments and…
2Cases cited10 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Brobst v. BrockSupreme Court of the United States · 1871
- Lewis v. HawkinsSupreme Court of the United States · 1875
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Murphy v. DeFranceSupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- Creek v. Union Nat. Bank in Kansas CitySupreme Court of Missouri · 1954
- Hartwell v. ParksSupreme Court of Missouri · 1912
- Vermillion v. LeClareMissouri Court of Appeals · 1901
- State v. BarnettMissouri Court of Appeals · 1905
9 more not listed; retrieve them via the Exa API.