Hartwell v. Parks
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. H. G. Riley, Judge. (1) There was not sufficient evidence before the trial court to show the instrument which witness Wells testified to witnessing as the will of Alexander Barnes, was the same instrument under which Agnes Barnes claimed said lands, and even though it was admitted to he the same instrument, there is neither proof nor fact sufficient to create a presumption that said will had been probated.
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Appeal from Pemiscot Circuit Court. — Hon. H. G. Riley, Judge. (1) There was not sufficient evidence before the trial court to show the instrument which witness Wells testified to witnessing as the will of Alexander Barnes, was the same instrument under which Agnes Barnes claimed said lands, and even though it was admitted to he the same instrument, there is neither proof nor fact sufficient to create a presumption that said will had been probated. Therefore it was ineffectual to pass title to Agnes Barnes. Neither was there sufficient evidence to show the instrument which the Car letón’s…
1Opinion of the CourtLamm, J.
Suit brought in Pemiscot Circuit Court in 1907 under old section 650 (now sec. 2535, E. S. 1909) to determine title to the northeast quarter of section 36, township 20, range 12, Pemiscot county. Prom a decree for defendant, plaintiffs come up.
The common source of title, Alexander Barnes," died in 1869, a resident of Pemiscot, leaving Agnes his widow and no children, and seized in fee of many parcels of land situate here and there in that county— among them, that in dispute. Some of plaintiffs are the half-brothers and half-sisters of Alexander, others are the descendants of those dead.…
2Cases cited5 opinions
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
- Rothwell v. JamisonSupreme Court of Missouri · 1899
- Williams v. MitchellSupreme Court of Missouri · 1892
- McCoy v. CassidySupreme Court of Missouri · 1888
3Cited by14 opinions
- State v. CaseyOregon Supreme Court · 1923
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- Creek v. Union Nat. Bank in Kansas CitySupreme Court of Missouri · 1954
- Burch v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1931
- Gass v. EvansSupreme Court of Missouri · 1912
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