Brown v. Fickle
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. W. S. Herndon, Judge. (1) While the reviewing court will defer somewhat to the findings of the trial court, it will not be concluded by them, but will review the whole case, and when proper, reverse. Benne v. Bchnecko, 100 Mo. 250, where the principles governing the supervising control of the supreme court over the findings of the trial court are lucidly set forth.
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Appeal from Platte Circuit Court. — Hon. W. S. Herndon, Judge. (1) While the reviewing court will defer somewhat to the findings of the trial court, it will not be concluded by them, but will review the whole case, and when proper, reverse. Benne v. Bchnecko, 100 Mo. 250, where the principles governing the supervising control of the supreme court over the findings of the trial court are lucidly set forth. McElroy v. Maxwell, 101 Mo. 295. (2) While courts of equity do not restrict themselves to the same 'rigid rules as courts of law do in the investigation of fraud, yet it is equally a rule in…
1Opinion of the CourtGantt, P. J.
In the year 1838 Matthias Fickle, the father of the defendant Matthias Fickle, purchased the preemption right of one Case to the southwest quarter of section number nine (9), township 51, range 34, in Platte county, Missouri, and moved upon the same, and cleared and improved a portion thereof, but died before he obtained a patent thereto. At his death he *408left surviving him his widow, Aurena Pickle, and two daughters, Prances and Amanda, and some months after his death a posthumous son, Matthias, the defendant, was born.
Because of outstanding debts due the estate, which she was unable to…
2Cases cited2 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Hamilton v. ArmstrongSupreme Court of Missouri · 1894
3Cited by4 opinions
- Anderson v. GainesSupreme Court of Missouri · 1900
- Bush v. BushSupreme Court of Oklahoma · 1930
- Bevins v. HarrisSupreme Court of Missouri · 1964
- Summers v. AbernathySupreme Court of Missouri · 1911