Williamson v. Brown
Supreme Court of Missouri
Appeal from Putnam Circuit Court. — Hon. Paris G. Stepp, Judge. (1) The court erred in failing to rule on plainr tiffs’ objections to the introduction of portions of the deposition of John Hawk, that the understanding was at the time the deed was made that the land was to go to her, Orpha’s, heirs. In the absence of clear, positive and convincing evidence to the contrary, the deed is conclusively presumed to express the contract as made.
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Appeal from Putnam Circuit Court. — Hon. Paris G. Stepp, Judge. (1) The court erred in failing to rule on plainr tiffs’ objections to the introduction of portions of the deposition of John Hawk, that the understanding was at the time the deed was made that the land was to go to her, Orpha’s, heirs. In the absence of clear, positive and convincing evidence to the contrary, the deed is conclusively presumed to express the contract as made. The deposition was taken ex parte thirty-six years after the deed was made; the question was leading and put the answer in the mouth of the witness on a…
1Opinion of the CourtLamm, J.
— ■ Lemuel Wilkinson and his wife, Orpha, immigrated to Putnam county, Missouri, about the year 1867, and resided there and in a neighboring county until they died, Lemuel dying in 1879 and Orpha in 1897. Orpha Wilkinson was twice married, being united by her first marriage bonds to one Brown, and bearing two sons to him, to-wit, Nevill and James B., the latter, respondent here. Lemuel Wilkinson was the husband of a former wife, Hannah, who died about the breaking out of the Civil War. By Hannah, he had two sons and one daughter, who, living to maturity, begot children and died. These…
2Cases cited10 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- Griffith v. TownleySupreme Court of Missouri · 1878
- Norton v. HighleymanSupreme Court of Missouri · 1886
- Butler v. CarpenterSupreme Court of Missouri · 1901
- Kirton v. BullSupreme Court of Missouri · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Allen v. SmithMissouri Court of Appeals · 1964
- Eckle v. RylandSupreme Court of Missouri · 1914
- Meek v. HurstSupreme Court of Missouri · 1909
- Payne v. BeaumontCourt of Appeals of Texas · 1922
20 more not listed; retrieve them via the Exa API.