Jackson v. Wood
Supreme Court of Missouri
Appeal fromVernon Oirctiit Court— Hon. J. D. Parkinson, Judge. The respondent’s case depends on her own unsupported testimony, and fails to meet the requirements of the rule in cases like this, that the proof should be “so clear, definite and positive'as to leave no room or reasonable ground for hesitancy in the mind of the chancellor,” as to the truth of respondent’s statements before the decree asked by her should be granted.
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Appeal fromVernon Oirctiit Court— Hon. J. D. Parkinson, Judge. The respondent’s case depends on her own unsupported testimony, and fails to meet the requirements of the rule in cases like this, that the proof should be “so clear, definite and positive'as to leave no room or reasonable ground for hesitancy in the mind of the chancellor,” as to the truth of respondent’s statements before the decree asked by her should be granted. Forrester v. ' Scoville, 51 Mo. 268 ; Johnson v. Quarles, 46 Mo. 423. The finding and judgment were for the right party. McCormick v. Miller, 102 111. 208. This court…
1Opinion of the CourtNorton, J.
This suit was instituted in the circuit court of Vernon county to set aside and cancel a deed executed in 1876 by plaintiff, Rhoda C. Wood (now Rhoda Jackson), conveying to Austin 0. Wood certain land in the petition described. The circuit court rendered a decree according to the prayer of the petition, cancelled the deed, and invested the title in plaintiff, subject to a mortgage which had been put upon the land by said Wood to secure the payment of five hundred dollars. From this decree the defendant has appealed to this court and seeks to reverse it on the ground that it is not supported…
2Cases cited2 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Forrester v. ScovilleSupreme Court of Missouri · 1873
3Cited by9 opinions
- Wilson v. MorrisColorado Court of Appeals · 1894
- Strong v. WhybarkSupreme Court of Missouri · 1907
- Cohron v. PolkSupreme Court of Missouri · 1913
- Bragg v. Kirksville Farmers Packing & Warehouse Co.Missouri Court of Appeals · 1920
- Philpot v. PennSupreme Court of Missouri · 1886
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