Busby v. Self
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Joseph D. Perlcins, Judge. (1) The respondents and the defendant, Lucy Johnson, to sustain the judgment, in this case, rely on the provisions of Sec. 341, R. S. 1909. For the purpose of proving their descent from Frederick Molesdale, they were permitted to.introduce testimony tending to show that the said Frederick sustained illicit relations with his stepmother, Jane Molesdale, while she was living and cohabiting with his father,…
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Appeal from Jasper Circuit Court. — Hon. Joseph D. Perlcins, Judge. (1) The respondents and the defendant, Lucy Johnson, to sustain the judgment, in this case, rely on the provisions of Sec. 341, R. S. 1909. For the purpose of proving their descent from Frederick Molesdale, they were permitted to.introduce testimony tending to show that the said Frederick sustained illicit relations with his stepmother, Jane Molesdale, while she was living and cohabiting with his father, Isaiah M'olesdale. The law does not recognize such evidence as having any probative value. Jackson v. Phalen, 237 Mo. 142;…
1Opinion of the Court
This cause was instituted in the Circuit Court of Jasper County, in 1916. The petition states that on the 10th of June, 1916, Frederick Molesdale died seized in fee simple of two hundred acres of land and certain town lots, all fully described, situated in said Jasper County, leaving as his only heirs at law defendant Lucy Johnson, his daughter, and the plaintiffs Minnie Busby and Beatrice DeBow, his grandchildren, who are seized of said estate in fee, the plaintiffs being each seized of an undivided one-fourth and the defendant Lucy Johnson of an undivided one-half. That the defendants…
2Cases cited6 opinions
- Gates v. SeibertSupreme Court of Missouri · 1900
- Adger v. AckermanCourt of Appeals for the Eighth Circuit · 1902
- Nelson v. JonesSupreme Court of Missouri · 1912
- Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1860
- Breidenstein v. BertramSupreme Court of Missouri · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bernheimer Ex Rel. Bernheimer v. First National BankSupreme Court of Missouri · 1949
- In Re Wray's EstateMontana Supreme Court · 1933
- Simpson v. BlackburnMissouri Court of Appeals · 1967
- Stripe Ex Rel. Shannon v. MeffertSupreme Court of Missouri · 1921
- Ash v. Modern Sand & Gravel Co.Missouri Court of Appeals · 1938
8 more not listed; retrieve them via the Exa API.