Harlan v. Moore
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) The court erred in permitting plaintiff to file the amended petition after the cause had been tried and submitted to the court; it introduced a new cause of action which is not permissible.
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Appeal from Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) The court erred in permitting plaintiff to file the amended petition after the cause had been tried and submitted to the court; it introduced a new cause of action which is not permissible. (2) The court erred in permitting respondent to prove by the witness, Rose, declarations made by W. Y. Harlan in regard to the deeds after the suit was brought; he was not a party to the suit, and his statements were hearsay as to the defendants below. See Pickering v. Pickering, 6 N. H. 120; Chamberlan v. Davis, 33 N. H. 121; Murphy v.…
1Opinion of the CourtMacfarlane, J.
This is a suit in equity to set aside and cancel certain deeds made by one William Y. Harlan to defendants, two of his children, in fraud of the rights of plaintiff, who is the wife of said Harlan.
The petition ’ charges, in substance, that in September, 1892, in consideration of a promise by plaintiff to marry him, William Y. Harlan conveyed to her-by sufficient deed the title in fee to forty-five acres of land, describing it. That pursuant to the agreement, she did marry the said Harlan and the deed was delivered to her, but she neglected to have it recorded. That afterward, with intent to…
2Cases cited4 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Darrier v. DarrierSupreme Court of Missouri · 1874
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- Allen v. SalesSupreme Court of Missouri · 1874
3Cited by13 opinions
- Rice v. ShipleySupreme Court of Missouri · 1901
- Jones v. ElkinsSupreme Court of Missouri · 1898
- Kansas City Pump Co. v. JonesMissouri Court of Appeals · 1907
- La Rue v. BlochMissouri Court of Appeals · 1923
- Shanklin v. McCrackenSupreme Court of Missouri · 1897
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