Davis v. Wood
Supreme Court of Missouri
Appeal from Stoddard Circuit Court.. — Hon. Jno. O. Wear, Judge. (1) Mrs. Gallaway’s deposition was incompetent, and it should have been excluded on appellants’ objection to it on that ground, when the respondent offered to read it at the trial. Messimer v. McCray, 113 Mo. 382; Chapman v. Dougherty,, 87 Mo. 622; R. S. 1889, sec. 8918; Williams v. Williams, 67 Mo. 661; Wheeler v. Tinsley, 75 Mo. 458; McAllister v. Beams, 35 Mo.
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Appeal from Stoddard Circuit Court.. — Hon. Jno. O. Wear, Judge. (1) Mrs. Gallaway’s deposition was incompetent, and it should have been excluded on appellants’ objection to it on that ground, when the respondent offered to read it at the trial. Messimer v. McCray, 113 Mo. 382; Chapman v. Dougherty,, 87 Mo. 622; R. S. 1889, sec. 8918; Williams v. Williams, 67 Mo. 661; Wheeler v. Tinsley, 75 Mo. 458; McAllister v. Beams, 35 Mo. App. 668. (2) In view of the recognized presumption of correctness attaching to the acts of public officials, tlie proof of forgery of the Holmes deed should have been…
1Opinion of the CourtValliant, J.
This is a suit in ejectment for eighty acres in Stoddard county. Both parties claimed under Thomas Galloway, who, it is conceded, acquired title by patent from Stoddard county, dated April 21, 1860. Galloway died May 15, 18Y6. Plaintiff, J. O. Davis, claims in right of his wife, who - was one of the children of Galloway, and also by deed from Galloway’s widow and his other children, dated July 21, 1894; the other plaintiffs claim under their co-plaintiff Davis by deed to undivided half of the land, dated August 2Y, 1894.
Defendants claim under a paper purporting to be a deed from Thomas…
2Cases cited7 opinions
- Chapman v. DoughertySupreme Court of Missouri · 1885
- Messimer v. McCraySupreme Court of Missouri · 1893
- Davis v. BriscoeSupreme Court of Missouri · 1883
- Wiggenhorn v. DanielsSupreme Court of Missouri · 1899
- Bartlett v. GlascockSupreme Court of Missouri · 1835
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brown v. WeareSupreme Court of Missouri · 1941
- Bidwell v. McCuenSupreme Court of Iowa · 1918
- McMorrow v. DowellMissouri Court of Appeals · 1905
- Stoops v. StoopsSupreme Court of Missouri · 1955
- Johnson v. BurksMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.