Warfield v. Hume
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. Jno. A. Hoclcaday/ Judge. (1) W. A. Hume was incompetent to' testify to any contract or agreement made between Lafayette Hume and Ruben Warfield; as Warfield was dead, and Wm. A. Hume was a son and legatee of Lafayette Hume, deceased, as well as a party defendant in this suit. Meier v. Thieman, 90 Mo. 433; Nowaek v. Berger, 133 Mo. 37; 2 Woemer’s Amer.
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Appeal from Boone Circuit Court. — Hon. Jno. A. Hoclcaday/ Judge. (1) W. A. Hume was incompetent to' testify to any contract or agreement made between Lafayette Hume and Ruben Warfield; as Warfield was dead, and Wm. A. Hume was a son and legatee of Lafayette Hume, deceased, as well as a party defendant in this suit. Meier v. Thieman, 90 Mo. 433; Nowaek v. Berger, 133 Mo. 37; 2 Woemer’s Amer. Law of Admr., 834; R. S. 1899, sec. 4652; Messimer v. McCray, 113 Mo. 387. (2) The destruction and cancellation of a deed, after it has been delivered, does not revest the title in the grantor. Title to…
1Opinion of the CourtBroadhus, J.
— This suit was instituted by the plaintiff as widow of Ruben Warfield, deceased, to recover from the executors of Lafayette Hume, deceased, the sum of $149.-33, the proceeds over and above a certain mortgage debt. It is alleged that Lafayette Hume and wife sold and conveyed to Ruben Warfield, plaintiff’s husband, a certain lot in Columbia, Missouri; that on the seventh day of May, 1889, said Warfield executed a note payable to said Hume for the sum of $50, bearing eight per cent interest, to secure the payment of which he and the plaintiff as his wife executed a deed of' trust on said lot;…
2Cases cited12 opinions
- Henry v. SneedSupreme Court of Missouri · 1889
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- Sitton v. ShippSupreme Court of Missouri · 1877
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
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3Cited by6 opinions
- Owen v. City of BransonMissouri Court of Appeals · 1957
- Fullerton v. FullertonSupreme Court of Missouri · 1939
- Tucker v. GentryMissouri Court of Appeals · 1902
- Miller v. PrelleAppellate Court of Illinois · 1905
- Smith v. BrinkleyMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.