Legal Opinion

Green v. Green

Supreme Court of Missouri

Decided December 22, 1894PublishedCited by 11 opinions

Appeal from Polk Circuit Court. — J. G. Simpson, Esq., Special Judge. (1) Plaintiff was not a competent witness to prove her marriage with Wm. Green. Chapman v. Daugherty, 87 Mo. 617; Meier v. Thieman, 90 Mo. 433. (2) The records of the conveyances to Wm. Green were not the best evidence, and appellant’s objection to their introduction should have been sustained. (3) The conveyances from Mitchell and others, who were not shown to have had any title, do not prove title in Wm.

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Appeal from Polk Circuit Court. — J. G. Simpson, Esq., Special Judge. (1) Plaintiff was not a competent witness to prove her marriage with Wm. Green. Chapman v. Daugherty, 87 Mo. 617; Meier v. Thieman, 90 Mo. 433. (2) The records of the conveyances to Wm. Green were not the best evidence, and appellant’s objection to their introduction should have been sustained. (3) The conveyances from Mitchell and others, who were not shown to have had any title, do not prove title in Wm. Green. But plaintiff, in order to recover,.must not only show that Wm. Green at some time during his marriage was…

1Opinion of the CourtMaceaklane, J.

— The suit is ejectment to recover the undivided half of ■ certain lots in the town of Humansville, Polk county. The answer was a general denial and a plea of the pendency of another suit in the same court, between the same parties for the possession of the same property. The trial was to the court without a jury and. resulted in a verdict for the plaintiff and defendants appealed.

The following facts were developed at the trial: About the year 1878, William Green, who represented himself as being a single man was married in due form to defendant Victoria Rogers. Two children, defendants…

2Cases cited7 opinions

  1. Dyer v. BrannockSupreme Court of Missouri · 1877
  2. Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1860
  3. Jones v. DriskillSupreme Court of Missouri · 1887
  4. Turner v. BabbSupreme Court of Missouri · 1875
  5. Hyatt v. WolfeMissouri Court of Appeals · 1886

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Bernheimer Ex Rel. Bernheimer v. First National BankSupreme Court of Missouri · 1949
  2. Dorrance v. DorranceSupreme Court of Missouri · 1912
  3. Gates v. SeibertSupreme Court of Missouri · 1900
  4. Nelson v. JonesSupreme Court of Missouri · 1912
  5. Stripe Ex Rel. Shannon v. MeffertSupreme Court of Missouri · 1921

6 more not listed; retrieve them via the Exa API.

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