Legal Opinion

Welch v. Veasley

Supreme Court of Missouri

Decided December 30, 1920PublishedCited by 6 opinions

Appeal from Pemiscot Circuit Court. — -Hon. Sterling II. McCarty, Judge. (1) Tlie court erred in permitting* Prank Scott to testify as to the letter and its contents. Parol evidence is not admissible to establish the existence of' such writing (where denied), or the contents thereof. The writing itself must be produced. Sec. 2783, R. S. 1909; Duncan v., Spencer, 211 S. W. 698; Reigart v Coke Co., 217 Mo. 142; Anderson v. Hall, 2:73 Mo. 307; Cement.

Read the full summary

Appeal from Pemiscot Circuit Court. — -Hon. Sterling II. McCarty, Judge. (1) Tlie court erred in permitting* Prank Scott to testify as to the letter and its contents. Parol evidence is not admissible to establish the existence of' such writing (where denied), or the contents thereof. The writing itself must be produced. Sec. 2783, R. S. 1909; Duncan v., Spencer, 211 S. W. 698; Reigart v Coke Co., 217 Mo. 142; Anderson v. Hall, 2:73 Mo. 307; Cement. Company v. Kreis, 261 Mo. 170; Carrick v. Mincke, 60 Mo. App. 140. To allow the existence, terms, and conditions, of a written authority to rest…

1Opinion of the Court

This action concerns the ownership, between plaintiff and defendant, of Lot 1, in Block 31, in Hunter's Addition to the City of Caruthersville, Pemiscot County, Missouri.

Suit to quiet title thereto was brought by plaintiff in the circuit court of said county, June 23, 1917, in two counts, one to quiet the title under the provisions of Section 2535, Revised Statutes 1909, and the other to recover possession, damages, monthly rent, etc., until the possession of said lot was restored.

Defendant pleaded in his answer that on July 28, 1916, and now, he was the owner and in the lawful possession of…

2Cases cited9 opinions

  1. Ringer v. HoltzclawSupreme Court of Missouri · 1892
  2. Warren v. A. B. Mayer Manufacturing Co.Supreme Court of Missouri · 1901
  3. State ex rel. Wabash Railroad v. Public Service CommissionSupreme Court of Missouri · 1917
  4. Gibson v. ShullSupreme Court of Missouri · 1913
  5. Smith v. JonesSupreme Court of Georgia · 1881

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

3Cited by6 opinions

  1. Barranco v. KostensCourt of Appeals of Maryland · 1947
  2. Whitenton v. WhitentonMissouri Court of Appeals · 1983
  3. Weinsier v. SofferDistrict Court of Appeal of Florida · 1978
  4. Nichols v. Mama Stuffeati'sMissouri Court of Appeals · 1997
  5. West v. WitschnerSupreme Court of Missouri · 1968

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API