Godard v. Conrad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. James S. Slover, Judge. (1) The undisputed evidence shows that the diamond stud was given to appellant by Patterson Stewart in 1898, while she was occupying his house as tenant. No element was lacking to constitute this a valid gift inter vivos. There were an intention to give, a delivery of possession, and an acceptance by the donee. 20 Cyc. of Law and Procedure, 1192; Brandon v. Dawson, 51 Mo.
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Appeal from Jackson Circuit Court. — Son. James S. Slover, Judge. (1) The undisputed evidence shows that the diamond stud was given to appellant by Patterson Stewart in 1898, while she was occupying his house as tenant. No element was lacking to constitute this a valid gift inter vivos. There were an intention to give, a delivery of possession, and an acceptance by the donee. 20 Cyc. of Law and Procedure, 1192; Brandon v. Dawson, 51 Mo. App. 237; In re Estate of Soulard, 141 Mo. 657. (2) The fact that immediately after the diamond stud was given to appellant she returned it to Patterson…
1Opinion of the CourtJohnson, J.
Plaintiff, as stakeholder of certain -personal property, filed a bill of interpleader in which he seeks the protection of a court of equity against rival claimants. The defendants named in the petition áre the administrator of the estate of Patterson Stewart, deceased, and Sarah Searcy. Each answered claiming to be the owner of the property. The claims asserted are hostile, are derived from a common source, and, as plaintiff is in a position of neutrality, without any claim of his own to the subject-matter, jurisdiction of equity over the controversy between the contesting claimants is…
2Cases cited7 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Walter v. FordSupreme Court of Missouri · 1881
- Dunn v. German-American BankSupreme Court of Missouri · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Eschen v. SteersCourt of Appeals for the Eighth Circuit · 1926
- Peterson v. WeinerCourt of Appeals of Texas · 1934
- Cartall v. St. Louis Union Trust Co.Supreme Court of Missouri · 1941
- United States v. DickersonDistrict Court, E.D. Missouri · 1951
- Citizens National Bank v. McKennaMissouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.