Chesley ex rel. Self v. Chesley
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. .1. John B. Chesley was not competent to testify for the respondent, because he was her husband, and because his co-defendants did not consent to his testifying. II. The sale can only be set aside on the ground of fraud or mistake. Neither of which is established by the evidence in this case. (Carter vs. Abshire, 48 Mo., 300 ; Taylor’s Heirs vs. Elliott, 32 Id., 172; Stine vs. Wilkson, 10 Id., 75; Sto.
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Appeal from Hannibal Court of Common Pleas. .1. John B. Chesley was not competent to testify for the respondent, because he was her husband, and because his co-defendants did not consent to his testifying. II. The sale can only be set aside on the ground of fraud or mistake. Neither of which is established by the evidence in this case. (Carter vs. Abshire, 48 Mo., 300 ; Taylor’s Heirs vs. Elliott, 32 Id., 172; Stine vs. Wilkson, 10 Id., 75; Sto. Eq., § 244 et seq.; Meir vs. Zelle, 31 Mo., 331; Rector vs. Hartt, 8 Id., -448 ; Hammond vs. Scott, 12 Id., 8 ; 12 Mo., 9; Chouteau vs. Nuckholls, 20…
1Opinion of the CourtSherwood, Judge
This was a suit to set aside a sale made under a deed of trust, and to redeem the land sold thereunder.
During the progress of the trial of the cause, John B. Chesley was called as a witness, gnd, against the objections of his co-defendants on the ground that he was the husband of her for whose benefit the suit was brought, was permitted to testify, so that his testimony, which was expressly excluded by the court in determining the rights of the parties litigant, might be, if necessary, considered by this court, if held competent.
Except as modified by statute, husband and wife cannot…
2Cases cited1 opinion
- Benkendorf v. VincenzSupreme Court of Missouri · 1873
3Cited by12 opinions
- Kelly v. HurtSupreme Court of Missouri · 1875
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Dunn v. McCoySupreme Court of Missouri · 1899
- Jesser v. Mayfair Hotel, Inc.Supreme Court of Missouri · 1958
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