Morey v. Staley
Supreme Court of Missouri
Error to Perry Circuit Court. I. The declarations of a party in connection with acts of ownership are admissible. (1 Phil. Ev., 217.) I. The declarations of a party in possession are only admissible to explain such possession, and only then when they are against the interest of the possessor. (1 Phil.
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Error to Perry Circuit Court. I. The declarations of a party in connection with acts of ownership are admissible. (1 Phil. Ev., 217.) I. The declarations of a party in possession are only admissible to explain such possession, and only then when they are against the interest of the possessor. (1 Phil. Ev. [3d Ed.], 193,194, and foot-note 1 and authorities there cited; Peaceable vs. Watson, 4 Taunt., 16; West Cambridge vs. Lexington, 2 Pick., 536; Little vs. Libbey, 2 Greenl., 242; Doe vs. Pettitt, 5 B. & Aid., 223; Griddle vs. Criddle, 21 Mo., 522; Turner vs. Belden, 9 Mp., 797 ;■ Cavin vs.…
1Opinion of the CourtNapton, Judge
This is a proceeding to obtain a decree of title to a tract of land, lying on the Mississippi river in Perry county. The parties to the suit, plaintiffs and defendants, are the heirs of one Anson Morey, deceased.
The legal title to this land was beyond controversy in the plaintiffs, or rather two of them, vrho were sons of Anson* Morey, from 1854 up to 1863. In that year the father,who had been before that acting as attorney in fact for his two sons, who lived in California, mortgaged the land as attorney in fact to secure some money he borrowed, and upon paying off the mortgage took a deed to…
2Cases cited1 opinion
- O'Hanlon v. PerrySupreme Court of Missouri · 1846
3Cited by8 opinions
- Wilson v. AlbertSupreme Court of Missouri · 1886
- Mylar v. HughesSupreme Court of Missouri · 1875
- Heynbrock v. HormannSupreme Court of Missouri · 1914
- Diel v. StegnerMissouri Court of Appeals · 1894
- Farmers' Bank v. BarbeeSupreme Court of Missouri · 1906
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