Broughton v. Brand
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The weight of evidence is that the gift was to appellant.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The weight of evidence is that the gift was to appellant. (2) The court erred in permitting respondent, B. B. Broughton, to testify that he intended the one thousand dollars for his daughter, Lulu. 3 Wait’s Actions & Defenses, sec. 8, p. 496 ; Betts v. Francis, 1 Vroom (N. J. L.) 152; McKane v. Bonne, 1 Baily (S. C.) 113. (3) Where the wife consents that her separate-property may be invested for the benefit of her husband,, this amounts to a gift. Wells on Separate Property of Married Women, sec. 390, p. 388; Cruger v.…
1Opinion of the CourtBrace, J.
This is a suit in equity whereby the plaintiffs seek to have the defendant, in whom is vested the legal title to a lot in the city of Moberly, declared a trustee of such title for the benefit of the plaintiffs, and to divest him thereof, and have the same vested in plaintiffs. In May, 1883, the defendant, L. C. Brand, married Lulu M. Broughton, daughter of the plaintiffs, B. B. Broughton and his wife, Ann W. Broughton, and sister •of plaintiff, Mary C. Blackford. In the month of October following, tlm said Lulu died without children, leaving plaintiffs her only heirs-at-law. In August, 1883,…
2Cases cited2 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- McCoy v. HyattSupreme Court of Missouri · 1883
3Cited by19 opinions
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- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
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- Hart v. LeeteSupreme Court of Missouri · 1891
- Farmers Exchange Bank v. HagelukenSupreme Court of Missouri · 1901
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