Ottomeyer v. Pritchett
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Ho». Frank B. Dealing, Judge. (1) It is only where there is substantial conflict in the evidence that the appellate court will not review the action of the trial court in granting a new trial, because the verdict is against the evidence or the weight of the evidence.
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Appeal from Jefferson Circuit Court. — Ho». Frank B. Dealing, Judge. (1) It is only where there is substantial conflict in the evidence that the appellate court will not review the action of the trial court in granting a new trial, because the verdict is against the evidence or the weight of the evidence. Bank v. Wood, 124 Mo. 77; Havens v. Railroad, 155 Mo. 216; Herndon v. Lewis, 74 S. W. 976. (2) When property is vested in one person, in trust for another, and the nature of, the trust is not prescribed by the donor, the cestui que trust is entitled to the actual possession and enjoyment of…
1Opinion of the CourtMarshall, J.
This is an appeal from an order granting a new trial. The suit is ejectment for one hundred and twenty acres of land in Jefferson county. The petition is in the usual form. Zebulon Pritchett is *162the common source of title. The answer of all the defendants, except Sarah Jane, is a general denial and a plea of mistake of the scrivener which the defendant William F. Pritchett asks to have corrected. Sarah Jane answered separately and admitted the allegations of the petition.
The case made is this: By a deed dated December 4, 1874, and acknowledged February 6, 1875, Zebulon Pritchett and Asenath…
2Cases cited3 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Herndon v. LewisSupreme Court of Missouri · 1903
- Baker v. NallSupreme Court of Missouri · 1875
3Cited by13 opinions
- Union Electric Company of Missouri v. McNultySupreme Court of Missouri · 1961
- Metropolitan Lead & Zinc Mining Co. v. WebsterSupreme Court of Missouri · 1906
- Marriage of Penney v. WhiteMissouri Court of Appeals · 1980
- Riche v. City of St. JosephSupreme Court of Missouri · 1930
- Gonzales v. GonzalesNew Mexico Court of Appeals · 1993
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