Boggess v. Boggess
Supreme Court of Missouri
Appeal from Bay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) In an action in chancery, it is the duty of the court to look into the evidence and determine from it the rights and liabilities of the parties as to all the matters in litigation. Dale v. Hogan, 39 Mo. App. 646; Suddoth v. Bryan, 39 Mo. App. 653. (2) Facts essential to a right of recovery must be proved by testimony having at least a preponderating influence. Moore v. Bailroad, 28 Mo.
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Appeal from Bay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) In an action in chancery, it is the duty of the court to look into the evidence and determine from it the rights and liabilities of the parties as to all the matters in litigation. Dale v. Hogan, 39 Mo. App. 646; Suddoth v. Bryan, 39 Mo. App. 653. (2) Facts essential to a right of recovery must be proved by testimony having at least a preponderating influence. Moore v. Bailroad, 28 Mo. App. 622. (3) The mere fact that a person’s mind may be impaired by age or disease does not render him incompetent to make a conveyance, and the…
1Opinion of the CourtG-antt, P. J.
This suit was instituted in the cir•cuit court of Ray county on the fifteenth day of December, 1891, by the heirs at law of Henry Boggess, ■deceased, to set aside two warranty deeds executed by .said Henry Boggess in his lifetime.
The first of these deeds was dated May 24, 1889, ■and purported to convey about one hundred and ninety •acres of land to his son William Yincent for life, remainder in fee to his two children, Henry P. and James K. Boggess; the second deed was dated on May 26, 1890, and purported to convey seventy-two acres of land to said Henry P. and James K. Boggess in fee…
2Cases cited6 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- Tucker v. TuckerSupreme Court of Missouri · 1860
- Donovan v. DunningSupreme Court of Missouri · 1879
- Schlicker v. GordonMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Bade v. FeayWest Virginia Supreme Court · 1907
- Teter v. TeterWest Virginia Supreme Court · 1906
- Clark v. SkinnerSupreme Court of Missouri · 1934
- Vining v. Ramage.Supreme Court of Missouri · 1928
3 more not listed; retrieve them via the Exa API.