Kennedy v. Ballard
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. In an action brought by a husband and wife, which affects the interests of the wife’s real estate, the husband is not disqualified as a witness. His marital right in the property gives him such an interest as entitles him to testify on his own behalf. It is not material that his testimony will necessarily affect his wife’s interest. Steffen v. Bauer, 70 Mo. 399. He was competent to testify.
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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. In an action brought by a husband and wife, which affects the interests of the wife’s real estate, the husband is not disqualified as a witness. His marital right in the property gives him such an interest as entitles him to testify on his own behalf. It is not material that his testimony will necessarily affect his wife’s interest. Steffen v. Bauer, 70 Mo. 399. He was competent to testify. Fugate v. Pierce, 49 Mo. 441; O ’ Brien v. Alien, 95 Mo. 60; Harriman v. Slower, 57 Mo. 93; Haerle v. Kriehn, 65 Mo. 202; Bell v.…
1Opinion of the CourtBiggs, J.
The plaintiffs sue in equity, and seek to recover from the defendant the value of a partition wall, and to have the ascertained value thereof declared a lien on the property of the defendant on which the wall was partly built.
The plaintiffs in their petition allege that R. P. Kennedy, prior to his marriage with Eva R. Kennedy, was the owner of a certain lot in the city of Springfield, and the defendant was the owner of an adjoining lot; that R. P. Kennedy, being desirous of erecting a four-story brick, hotel on his lot, made a contract with the defendant in which the parties agreed that…
2Cases cited5 opinions
- Campbell v. MesierNew York Court of Chancery · 1819
- Rindge v. . BakerNew York Court of Appeals · 1874
- Sharp v. CheathamSupreme Court of Missouri · 1885
- Sachse v. ClingingsmithSupreme Court of Missouri · 1888
- Gill v. ClarkSupreme Court of Missouri · 1873