Griffin v. Nicholas
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Hugh Babbs, Judge. (1) The court erred in permitting the defendants, Ellen Nicholas and Thomas R. Nicholas, to testify, the plaintiffs having objected to their testimony on the ground that they were parties to the transaction, or cause of action, in controversy while the other party, Mrs. Burlingame, was dead.
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Appeal from Jasper Circuit Court. — Hon. Hugh Babbs, Judge. (1) The court erred in permitting the defendants, Ellen Nicholas and Thomas R. Nicholas, to testify, the plaintiffs having objected to their testimony on the ground that they were parties to the transaction, or cause of action, in controversy while the other party, Mrs. Burlingame, was dead. Looker v. Davis, 47 Mo. 145; Angelí v. Hester, 64 Mo. 142; Sitton v. Shipp, 65 Mo. 297; Ring v. Jamison, 66 Mo. 424; Hisaw v. Sigler, 68 Mo. 449; Bradley v. West, 68 Mo. 73; Wood v. Mathews, 73 Mo. 477; Hughes v. Isreal, 73 Mo. 538; Meier v.…
1Opinion of the CourtValliant, C. J.
The petition in this cause is aimed to come under section 650, Revised Statutes 1899, and prays to have the title to two certain lots in the city of Carthage adjudged and quieted; it states that plaintiffs are the owners of the lots, deriving their title under the will of W. L. Burlingame, deceased; that defendants are in possession and claim title under a deed from Rosanna Burlingame which is a cloud on plaintiffs ’ title.
The answer of defendants admits that they are in possession and asserts that they hold title under a deed duly executed by Rose (idem Rosanna) Burlingameand sets out the…
2Cases cited4 opinions
- Peckham v. LegoSupreme Court of Connecticut · 1889
- Hazel v. HaganSupreme Court of Missouri · 1871
- Richardson v. RichardsonSupreme Judicial Court of Maine · 1888
- Boyer v. AllenSupreme Court of Missouri · 1882
3Cited by17 opinions
- Freeman v. BerberichSupreme Court of Missouri · 1933
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Bussen v. Del CommuneMissouri Court of Appeals · 1947
- Cook v. HigginsSupreme Court of Missouri · 1921
- Hamilton v. HamiltonSupreme Court of Iowa · 1910
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