Allen v. Mansfield
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — IIon. "W. IT. Sherman, Judge. (1) Tbe court erred in permitting defendant to testify tbat Mansfield, wbo was dead, gave her the lot, because Mansfield, one of the contracting parties, being dead, the other party could not testify, and because the declarations of Mansfield were not proper testimony to prove title in himself or defendant, or in disparagement of his title. 1 Greenleaf’s Ev., §§ 109,110. (2) The court erred in refusing to…
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Appeal from Buchanan Circuit Court. — IIon. "W. IT. Sherman, Judge. (1) Tbe court erred in permitting defendant to testify tbat Mansfield, wbo was dead, gave her the lot, because Mansfield, one of the contracting parties, being dead, the other party could not testify, and because the declarations of Mansfield were not proper testimony to prove title in himself or defendant, or in disparagement of his title. 1 Greenleaf’s Ev., §§ 109,110. (2) The court erred in refusing to give plaintiff’s instructions as asked. He had the right, under the law, to have them given or refused as asked, and the…
1Opinion of the Court
Philips, C.
This is an action of ejectment to recover possession of the east part of lot 7, in block 44, in South St. Joseph. Ouster laid January 2nd, 1881. The answer tendered the general issue, and special plea of statute of limitation, and title by gift, and adverse possession.
The evidence on plaintiff’s part tended to show that the lot in 1865 belonged to one Allen G. Mansfield. The lot was partitioned among his heirs and fell to¥m. A. Mansfield. The plaintiff bought the lot under a judgment against said "William, and received a sheriff’s deed therefor. The defendant was then in…
2Cases cited11 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Meyer v. Pacific RailroadSupreme Court of Missouri · 1867
- Clark v. ConwaySupreme Court of Missouri · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Moore v. HoffmanSupreme Court of Missouri · 1931
- Hoffman v. WhiteSupreme Court of Alabama · 1890
- Sherwood v. BakerSupreme Court of Missouri · 1891
- Echols v. HubbardSupreme Court of Alabama · 1890
- Adair v. MetteSupreme Court of Missouri · 1900
14 more not listed; retrieve them via the Exa API.