Chouteau Land & Lumber Co. v. Chrisman
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Non. J. L. Fori, . Judge. (1) A state of facts relied upon for equitable relief should be established by at least one credible witness. (2) Notwithstanding the deference due the trial court, the finding of facts still rests on the appellate court, in chancery causes, and appellate courts are invested with full power to make their own finding of facts, and enter up such judgment as they deem proper and just.
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Appeal from Stoddard Circuit Court. — Non. J. L. Fori, . Judge. (1) A state of facts relied upon for equitable relief should be established by at least one credible witness. (2) Notwithstanding the deference due the trial court, the finding of facts still rests on the appellate court, in chancery causes, and appellate courts are invested with full power to make their own finding of facts, and enter up such judgment as they deem proper and just. Dalrymple v. Craig, 149 Mo. 345; Courtney v. Blackwell, 150 Mo. 245; Parker v. Vanhauser, 142 Mo. 62.1; Benne v. Schnecko, 100 Mo: 258; Fanning v.…
1Opinion of the CourtFox, J.
The record discloses in this case that it was admitted by both plaintiff and defendants that appellant had the legal title to the land in controversy, subject to whatever equities the defendant Ohrisman may have, and it is further admitted that defendants were, at commencement of this action, in possession. It is unnecessary to burden this opinion with a detailed statement of the evidence. As to the questions presented by the record in this cause, for determination, it is sufficient to say that the only issue submitted to the trial court was the one presented by the equitable answer and its…
2Cases cited1 opinion
- State v. BlitzMissouri Court of Appeals · 1903
3Cited by2 opinions
- Fisher v. GunnSupreme Court of Missouri · 1954
- Chouteau Land & Lumber Co. v. ChrismanSupreme Court of Missouri · 1907