Hickman v. Green
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in excluding evidence offered by plaintiff. The communications of Mrs. Green to Mr. Jesse were not privileged, because she was contemplating wrongdoing. R. S. 1889, sees. 3648, 3660, 3661; State v. McChesney, 16 Mo. App. 259, and cases cited; Charlton v. Coombs, 32 L. J. chap. 284, cited at page 103; 7 American and English Encyclopedia of Law.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in excluding evidence offered by plaintiff. The communications of Mrs. Green to Mr. Jesse were not privileged, because she was contemplating wrongdoing. R. S. 1889, sees. 3648, 3660, 3661; State v. McChesney, 16 Mo. App. 259, and cases cited; Charlton v. Coombs, 32 L. J. chap. 284, cited at page 103; 7 American and English Encyclopedia of Law. And the court ought to have excluded her evidence because the other party was dead. 87 Mo. 617; 102 Mo. 186; 90 Mo. 433. (2) The court erred in its conclusions of fact.…
1Opinion of the CourtGantt, J.
— This is a suit in equity to restore a destroyed deed from J. G. Lakenan and wife to Mrs. Frances D. Hickman for her life, remainder to the natural heirs of her body, conveying to them a parcel of land in the city of Mexico, Audrain county, Missouri, ninety feet front by two hundred and seventy feet deep, being the north part of, and taken off of, the *169north side of lot number 35 of Mrs. Sparks’ southern addition to the city of Mexico.
It was alleged in the amended petition, and sustained by the proofs, that in 1886, Lakenan and wife by warranty deed conveyed said land to Mrs. Hickman and her…
2Cases cited31 opinions
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Jackson v. HardinSupreme Court of Missouri · 1884
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Frenkel v. HudsonSupreme Court of Alabama · 1886
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3Cited by53 opinions
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- State v. FoleySupreme Court of Missouri · 1898
- Official Committee of Unsecured Creditors of Allegheny Health Education v. Pricewaterhousecoopers, LLPSupreme Court of Pennsylvania · 2010
- State v. MartinSupreme Court of Missouri · 1894
- Nichols v. NicholsSupreme Court of Missouri · 1898
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