State v. Minton
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Jas. M. Sandusky, Judge. (1) The court erred in overruling defendants’ demurrer to the evidence. The state’s evidence does not prove nor tend to prove that Youngberger was a fictitious person, while the undisputed evidence on the part of the defendants was that he was not, but a person in being. The name of Youngberger being signed to the deed, the law presumes him to be a real person.
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Appeal from Clinton Circuit Court. — Hon. Jas. M. Sandusky, Judge. (1) The court erred in overruling defendants’ demurrer to the evidence. The state’s evidence does not prove nor tend to prove that Youngberger was a fictitious person, while the undisputed evidence on the part of the defendants was that he was not, but a person in being. The name of Youngberger being signed to the deed, the law presumes him to be a real person. Gitt v. Watson, 18 Mo. 274; State v. Moore, 61 Mo. 276; Phillips v. Evans, 64 Mo. 17; State v. McGuire, 87 Mo. 642; Florence v. Wardon, 17 Mo. 435. This presumption is…
1Opinion of the CourtBurgess, J.
At the March term, 1891, of the criminal court of Buchanan county, Robert P. Zook, "William E. .Minton and Gréorge W. Seasholts were indicted for making and forging a false and forged deed, purporting to be the act of one Youngberger, a fictitious person, to convey certain land in Stone county, Missouri, to one Rachel Cross. -The indictment is in two counts. On a trial, Zook was acquitted. After-wards a change of venue was awarded the defendants, Minton and Seasholts, to the circuit court of Clinton county, where, on trial had at the January term, 1892, of said circuit court of Clinton…
2Cases cited13 opinions
- State v. ClintonSupreme Court of Missouri · 1878
- State v. MyersSupreme Court of Missouri · 1884
- State v. GlahnSupreme Court of Missouri · 1888
- State v. YergerSupreme Court of Missouri · 1885
- State v. HowellSupreme Court of Missouri · 1890
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3Cited by19 opinions
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
- People v. TerrillCalifornia Supreme Court · 1901
- People v. SindiciCalifornia Court of Appeal · 1921
- State v. SimmonsWashington Supreme Court · 1909
14 more not listed; retrieve them via the Exa API.