Jackson v. Wheeler

SNYDER, Judge.

Michael Matejewski (Michael) sued to cancel his deed to his son, Lyle Matejewski, of 180 acres of farm land. A default judgment taken after service by publication was set aside by the trial court. Plaintiff died before trial and his administratrices were substituted. Plaintiff’s daughter, Josephine Jackson, was permitted to intervene as defendant. Prom a judgment in favor of defendant Lyle Matejewski, the intervenor appeals.

Appellant contends that the trial court erred in: (1) sustaining objections to her testimony on the basis of § 491.010, RSMo 1969, the dead man’s statute;…