Noble v. Cates
Supreme Court of Missouri
Appeal from Wayne Circuit Court. — -Hoto. E. M. Dearing, Judge. (1) There is no evidence, either admitted or offered, showing who. the legal representatives of Etienne Pepin are. (2) There is no will of Jere W. Clemens shown making the defendants trustees, (a) The copy offered in evidence purports to be that of a will made in California, as to lands in that State, among others.
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Appeal from Wayne Circuit Court. — -Hoto. E. M. Dearing, Judge. (1) There is no evidence, either admitted or offered, showing who. the legal representatives of Etienne Pepin are. (2) There is no will of Jere W. Clemens shown making the defendants trustees, (a) The copy offered in evidence purports to be that of a will made in California, as to lands in that State, among others. It has nothing to authenticate it, no proof of probate anywhere; nor was any proof offered at trial. As an instrument of evidence it was worthless and inadmissible. Barnard v. Bateman, 76 Mo. 414; Charlton v. Brown,…
1Opinion of the CourtFox, J.
This action was instituted in the county of Wayne and was tried at the August term, 1904, of the circuit court of that county. By agreement of parties the issues were submitted to the court, a jury being waived. After hearing the cause the court found the issue for defendants and rendered judgment accordingly, from which judgment plaintiff duly perfected his appeal to this court.
Plaintiff’s action is based on section 650, Revised Statutes 1899'. He claims the fee-simple title to the south half of southwest quarter of section four, in township 26, range seven east, located in Wayne county,…
2Cases cited6 opinions
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- Harrison Machine Works v. BowersSupreme Court of Missouri · 1906
- Stewart v. Lead Belt Land Co.Supreme Court of Missouri · 1906
- Wear v. BryantSupreme Court of Missouri · 1838
- Holme v. StrautmanSupreme Court of Missouri · 1864
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