Legal Opinion

Hughes v. McDivitt

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 12 opinions

_Error to Clinton Circuit Court. — IIon. J. W. Sandusky, Judge. (1) The court erred in excluding the deed of William Jones, administrator, to James Fugate, the father of plaintiff, Martha J. Hughes. Henry v. McKerlie, 78 Mo. 417 ; Bvans v. Robber son, 92 Mo. 192 ; McC lure v. McOury, 53 Mo. 173; Robson v. Thomas, 58 Mo. 581; Baker v. Underwood, 63 Mo. 384. (2) The court erred in refusing to set aside the nonsuit.

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_Error to Clinton Circuit Court. — IIon. J. W. Sandusky, Judge. (1) The court erred in excluding the deed of William Jones, administrator, to James Fugate, the father of plaintiff, Martha J. Hughes. Henry v. McKerlie, 78 Mo. 417 ; Bvans v. Robber son, 92 Mo. 192 ; McC lure v. McOury, 53 Mo. 173; Robson v. Thomas, 58 Mo. 581; Baker v. Underwood, 63 Mo. 384. (2) The court erred in refusing to set aside the nonsuit. (1) After the amendment of the petition, changing the cause of action from one in favor of Mrs. Hughes to one in favor of Mr. Hughes, the circuit court of Clinton county had no…

1Opinion of the CourtBlack, J.

— -This is an action of ejectment brought by Martha J. Hughes and her husband to recover eighty acres of land situate in the county of Caldwell. Thevt-nue of the cause was changed to Clinton county. *80The plaintiffs having shown that Martha J. Hughes was the sole surviving heir of James Fugate, deceased, offered in evidence the following administrator’s deed : “Whereas, I, William Jones, of the county of Caldwell, •and state of Missouri, administrator of the estate of Edward Partridge, deceased, late of the county of Hancock, and state of Illinois, in pursuance of an order ■of the Caldwell…

2Cases cited7 opinions

  1. Jackson v. OsbornNew York Supreme Court · 1829
  2. Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
  3. Fields v. MaloneySupreme Court of Missouri · 1883
  4. Price v. Springfield Real-Estate Ass'nSupreme Court of Missouri · 1890
  5. Robson v. ThomasSupreme Court of Missouri · 1874

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

3Cited by12 opinions

  1. Gross v. WattsSupreme Court of Missouri · 1907
  2. Warder v. HenrySupreme Court of Missouri · 1893
  3. Mathews v. O'DonnellSupreme Court of Missouri · 1921
  4. Rice v. GriffithSupreme Court of Missouri · 1942
  5. Blanchard v. DormanSupreme Court of Missouri · 1911

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

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