Davidson v. Manson
Supreme Court of Missouri
Appeal from Laiorence Circuit Court. — Hon. J. C. Lamson, Judge. (1) The court erred in admitting evidence as to the execution and contents of a contract between Charlotte Davidson and her husband at the time the deed to her was made by him, because: First. There was not sufficient proof that such contract, signed by the parties, was executed and lost or destroyed. Second. It was a contract, if it existed at all, between husband and wife and wás void. Third.
Read the full summary
Appeal from Laiorence Circuit Court. — Hon. J. C. Lamson, Judge. (1) The court erred in admitting evidence as to the execution and contents of a contract between Charlotte Davidson and her husband at the time the deed to her was made by him, because: First. There was not sufficient proof that such contract, signed by the parties, was executed and lost or destroyed. Second. It was a contract, if it existed at all, between husband and wife and wás void. Third. It was no part of the deed, was not under seal, not signed by both parties, not acknowledged and recorded and could not in any wise…
1Opinion of the CourtWilliams, J.
This is a suit in partition. Andrew J. Davidson, in the year 1866, was the owner in fee of the land, which is the subject-matter of the action. All of the parties claim under him. He and his wife Charlotte B. Davidson were not living together at that time, but they had not been divorced. The rights of the parties to the suit depend upon the effect to be ascribed to the following deed made by him to his said wife:
“Know all men by these presents that I, Andrew J. Davidson, of the county of Lawrence and State of Missouri, for and in consideration of the sum of five dollars, received to my full…
2Cases cited5 opinions
- Frederick v. YoungbloodSupreme Court of Alabama · 1851
- Fanning v. DoanSupreme Court of Missouri · 1895
- McCullock v. HolmesSupreme Court of Missouri · 1892
- Hill v. . MillerNew York Court of Appeals · 1879
- Gelpecke v. LovellSupreme Court of Iowa · 1864
3Cited by7 opinions
- Keller v. KellerSupreme Court of Missouri · 1938
- Hendricks v. VivionMissouri Court of Appeals · 1906
- Thompson v. ThompsonMichigan Supreme Court · 1951
- Frisbie v. ScottMissouri Court of Appeals · 1918
- Corrough v. HamillMissouri Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.