Legal Opinion

Gentry v. Field

Supreme Court of Missouri

Decided March 29, 1898PublishedCited by 12 opinions

Appeal from Boone Circuit Court. — Hon. Chas. Mabtin, Special Judge. (1) The court erred in admitting in evidence pi’o-bate certificates of allowance offered by plaintiffs. R. S. 1889, sec. 4881; Freeman on Judg. [4 Ed.], sec. 252; Greenl. on Ev. [14 Ed.], secs. 538 and 539; Ford v. O’Donnell, 40 Mo. App. 51. Said certificates, if admissible, were not sufficient to prove in the case at bar that Ellis was indebted as alleged in plaintiff’s petition.

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Appeal from Boone Circuit Court. — Hon. Chas. Mabtin, Special Judge. (1) The court erred in admitting in evidence pi’o-bate certificates of allowance offered by plaintiffs. R. S. 1889, sec. 4881; Freeman on Judg. [4 Ed.], sec. 252; Greenl. on Ev. [14 Ed.], secs. 538 and 539; Ford v. O’Donnell, 40 Mo. App. 51. Said certificates, if admissible, were not sufficient to prove in the case at bar that Ellis was indebted as alleged in plaintiff’s petition. Greenl. on Ev. [14 Ed.], sec. 511; Freeman on Judg. [4 Ed.], see.'420; R. S. 1889, see. 4881. (2) The court erred in admitting in evidence…

1Opinion of the CourtBuegess, J.

This is a proceeding in equity by creditors of John Ellis, deceased, whose demands were allowed against his estate and classified by the probate court of Boone county before the beginning of this suit, for the purpose of having set aside and held for naught, as fraudulent as to his creditors, a certain warranty deed from him to his grandson, John E. Field, conveying four hundred and nine acres of land in said county. After the suit was instituted Mrs. Amanda E. Field was made a party defendant. She entered her appearance and adopted the pleadings of her son, John E. Field, as her own. Pending…

2Cases cited4 opinions

  1. State Bank v. FrameSupreme Court of Missouri · 1892
  2. Central National Bank v. DoranSupreme Court of Missouri · 1891
  3. State Savings Bank v. BuckSupreme Court of Missouri · 1894
  4. First National Bank v. RohrerSupreme Court of Missouri · 1897

3Cited by12 opinions

  1. Coates & Hopkins Realty Co. v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1931
  2. Stanback v. Citizens National Bank of RaleighSupreme Court of North Carolina · 1929
  3. Spuck v. Logan & UhlCourt of Appeals of Maryland · 1903
  4. Clark v. LewisSupreme Court of Missouri · 1908
  5. Sturdivant Bank v. SchadeCourt of Appeals for the Eighth Circuit · 1912

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