Mapes v. Burns
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. —Hon. W. S. Herndon, Judge. (1) It is the duty of the trial court in passing upon a demurrer to the evidence to make every inference of fact in favor of the party offering the evidence, which the evidence warrants, and which the jury with any degree of propriety might make.
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Appeal from the Clinton Circuit Court. —Hon. W. S. Herndon, Judge. (1) It is the duty of the trial court in passing upon a demurrer to the evidence to make every inference of fact in favor of the party offering the evidence, which the evidence warrants, and which the jury with any degree of propriety might make. Wilson v. Board of Education, 63 Mo. 137; Noeninger v. Vogt, 88 Mo. 589; Bine v. B. B., 100 Mo. 228; Buesching v. Gas Light Co., 73 Mo. 219. (2) All cases of this character necessarily consist of two elements. The fraud of the grantor and the grantees’ participation therein, and…
1Opinion of the CourtGill, J.
*415STATE~VXENT. *414This is a controversy over the title of a quantity of flour, feed, and other property, attached by *415the plaintiff Mapes as the property of the defendant Burns, and interpleaded for by Piggott as trustee in a deed of trust executed by said Stephen J. Burns for the benefit and security of the National Bank of St. Joseph and Ayr Lawn Company. These two corporations may now as well be identified as that of the well known Burnes family of St. Joseph, and Calvin F. Burnes was at the dates hereinafter named the head and manager of both institutions. Defendant Burns is in no way related…
2Cases cited6 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- O'Donald v. ConstantIndiana Supreme Court · 1882
- Alberger v. WhiteSupreme Court of Missouri · 1893
- Lapp v. RyanMissouri Court of Appeals · 1886
- Stokes v. BurnsSupreme Court of Missouri · 1896
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3Cited by4 opinions
- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Bangs Milling Co. v. BurnsSupreme Court of Missouri · 1899
- Leonard v. MartinMissouri Court of Appeals · 1916
- Leonard v. MartinMissouri Court of Appeals · 1916