Bronson v. Wanzer
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court erred in denying a jury; the issue was one at law. Henderson v. Dicltey, 50 Mo. 161; Crowe v. Peters, 63 Mo. 429. So the court erred in subsequently withdrawing the issues and discharging the jury. (2) The court erred as to defendant, Wells, in receiving the testimony of D. A. Patton.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court erred in denying a jury; the issue was one at law. Henderson v. Dicltey, 50 Mo. 161; Crowe v. Peters, 63 Mo. 429. So the court erred in subsequently withdrawing the issues and discharging the jury. (2) The court erred as to defendant, Wells, in receiving the testimony of D. A. Patton. It was a conversation of Wanzer’s in the absence of Wells, long after he had purchased the property, and the court received it as against both the defendants without qualification ; and Bronson was permitted to testify to the same…
1Opinion of the CourtRay, J.
— In 1876 Martha H. Bronson, wife of Samuel P. Bronson, owned in her own right the northwest quarter of the southeast quarter of section twenty-five, township fifty-seven, of range fourteen, in Macon county, Missouri. On the fifth day of 'April, 1876, Mrs. Bronson borrowed five hundred dollars of Macon county, from the school fund, and she and her husband then executed and delivered their note therefor to Macon county, and at the same time executed and delivered a deed of trust intending thereby to convey said land in trust to secure said note, but by mistake the land was described in the…
2Cases cited2 opinions
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Snell v. HarrisonSupreme Court of Missouri · 1884
3Cited by10 opinions
- Davis v. FormanSupreme Court of Missouri · 1910
- Abbe v. JustusMissouri Court of Appeals · 1895
- Yeomans v. HerrickMissouri Court of Appeals · 1914
- Pearson v. HaydelMissouri Court of Appeals · 1901
- Bigham v. TinsleyMissouri Court of Appeals · 1910
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