Whitaker v. Whitaker
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Reuben F. Roy, Judge. (1) Tbe court permitted R. A. Campbell to testify that he understood from Benj. K. Whitaker that there was an arrangement between him and his brothers and sisters, that he was to get the lands in controversy, and they were to be compensated for their interest in the land out of Benj. K. Whitaker’s interest in the personal property in the State of Mississippi.
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Appeal from Pike Circuit Court. — Hon. Reuben F. Roy, Judge. (1) Tbe court permitted R. A. Campbell to testify that he understood from Benj. K. Whitaker that there was an arrangement between him and his brothers and sisters, that he was to get the lands in controversy, and they were to be compensated for their interest in the land out of Benj. K. Whitaker’s interest in the personal property in the State of Mississippi. This was reversible error because: (a) It was hearsay and not made in the presence of the plaintiffs, or any one under whom they were privies in estate, (b) The defense set up…
1Opinion of the CourtGantt, P. J.
Ejectment for an undivided three-fourths of 315.72 acres of land in Pike county, Missouri. Petition in ordinary form. Ouster was laid as of 1897. Tbe answer was general denial save and except defendant Elizabeth Whitaker admitted that she and her tenants were in possession of the .land claiming the exclusive title thereto and that she has held such possession for more than twenty years. Tn a second paragraph she pleads the ten year statute of limitation. Eeply denied the adverse possession of defendant for ten years. Judgment for defendant and plaintiffs appeal.
Benoni Whitaker is the common…
2Cases cited9 opinions
- Rogers v. BrownSupreme Court of Missouri · 1875
- Warfield v. LindellSupreme Court of Missouri · 1866
- Lewis v. SchwennSupreme Court of Missouri · 1887
- Dunlap v. GriffithSupreme Court of Missouri · 1898
- Hutson v. HutsonSupreme Court of Missouri · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Branner v. KlaberSupreme Court of Missouri · 1932
- Whitaker v. WhitakerSupreme Court of Missouri · 1903
- Swope v. WardSupreme Court of Missouri · 1904
- Allen v. MorrisSupreme Court of Missouri · 1912
- Nickey v. LeaderSupreme Court of Missouri · 1911
5 more not listed; retrieve them via the Exa API.