Fugate v. Pierce
Supreme Court of Missouri
Error to Caldwell Circuit Court. I. Thomas J. Hughes was an incompetent witness. (1 Phil. Ev. 76, 82; 1 Cow. & Hill’s Notes, note 151; 1 Greenl. Ev., §§ 334-5, 341, and cases cited.) The statute provides for and removes the objection which would arise from his being a party, but says nothing to relieve his disability as her husband.
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Error to Caldwell Circuit Court. I. Thomas J. Hughes was an incompetent witness. (1 Phil. Ev. 76, 82; 1 Cow. & Hill’s Notes, note 151; 1 Greenl. Ev., §§ 334-5, 341, and cases cited.) The statute provides for and removes the objection which would arise from his being a party, but says nothing to relieve his disability as her husband. (Gen. Stat. 1865, p. 586, § 1; id. 587, § 5.) H. The title of James Fugate and that of his heirs was limited to the property to which he had color of title, and actually occupied by him, to-wit: the “mill-site” and nothing else. His possession was under a deed to…
1Opinion of the CourtBliss, Judge
The plaintiffs are heirs of James Fugate, deceased, and sought to recover possession of two eighty-acre tracts of land near Far , West, in Caldwell county, of which they claim their ancestor died seized. They showed no title in him, but relied upon his possession under color and claim of title. The defendants denied possession except of a small portion, and claim that that was abandoned, and that the interest of one of the plaintiffs had been sold under execution. The plaintiffs recovered judgment, and defendant charges the folloiving errors :
1. The court refused a continuance asked to enable…
2Cases cited11 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
- Tingley v. CowgillSupreme Court of Missouri · 1871
- Marsh v. PotterNew York Supreme Court · 1860
- Callaway County v. NolleySupreme Court of Missouri · 1861
6 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Philbin v. CarrIndiana Court of Appeals · 1920
- Crispen v. HannavanSupreme Court of Missouri · 1872
- Owen v. BrockschmidtSupreme Court of Missouri · 1873
- Boyce v. Missouri Pacific RailroadSupreme Court of Missouri · 1902
47 more not listed; retrieve them via the Exa API.