Crecelius v. Horst
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The testimony of a witness on a former trial, if dead, may be given in evidence, bnt it must be done by one who heard the testimony, and who will on his-oath, undertake to repeat it in such detail as the practice of the courts may require. 1 Phillips’ Evid. [4 Am. Ed.] p. 395, n. 115, with a number of cases cited. (2) [a] The husband was never seize d of an estate of inheritance in the lot.
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Appeal from St. Louis Court of Appeals. (1) The testimony of a witness on a former trial, if dead, may be given in evidence, bnt it must be done by one who heard the testimony, and who will on his-oath, undertake to repeat it in such detail as the practice of the courts may require. 1 Phillips’ Evid. [4 Am. Ed.] p. 395, n. 115, with a number of cases cited. (2) [a] The husband was never seize d of an estate of inheritance in the lot. (p) The money which he laid out in the purchase of the remainder for Ms daughter was an advancement to the daughter; it is the same as if he had given it to her…
1Opinion of the CourtBuack, J.
This is a suit to set aside a deed on the ground that it was made to defraud the plaintiff of her dower, and to have dower assigned in the lot in question.
Plaintiff and William Crecelius were married in 1860, and lived together on a farm near St. Louis for a year and a half, when they separated and thereafter had no communication with each other, though living in the same vicinity. A daughter, Ida, was born of this marriage. William Crecelius had several other children by a former marriage ; the defendant, Catherine, intermarried with defendant, Horst, being one .of them. William Crecelius…
2Cases cited4 opinions
- Tucker v. TuckerSupreme Court of Missouri · 1860
- Davis v. DavisSupreme Court of Missouri · 1838
- Stone v. StoneSupreme Court of Missouri · 1853
- McLaughlin v. McLaughlin's AdministratorSupreme Court of Missouri · 1852
3Cited by10 opinions
- Rice v. WaddillSupreme Court of Missouri · 1902
- Estate of Bernays v. MajorSupreme Court of Missouri · 1939
- Klocke v. KlockeSupreme Court of Missouri · 1919
- Kinne v. WebbCourt of Appeals for the Eighth Circuit · 1893
- Hastings v. HudsonSupreme Court of Missouri · 1949
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