Three States Lumber Co. v. Rogers
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Hon. Henry O. Riley, Judge. (1) Harrison was a competent witness, and the court erred in refusing his testimony. R. S. 1889, secs. 3422 and 8918; Mississippi Co. v. Voioels, 101 Mo. 225; Fink v. Hay, 42 Mo. 622. (2) The court erred in admitting in evidence the will of Whitcomb and the deed from Geo. E. Whitcomb to Deal and the testimony of Deal relative thereto.
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Appeal from New Madrid Circuit Court. — Hon. Henry O. Riley, Judge. (1) Harrison was a competent witness, and the court erred in refusing his testimony. R. S. 1889, secs. 3422 and 8918; Mississippi Co. v. Voioels, 101 Mo. 225; Fink v. Hay, 42 Mo. 622. (2) The court erred in admitting in evidence the will of Whitcomb and the deed from Geo. E. Whitcomb to Deal and the testimony of Deal relative thereto. The will does not mention any land in New Madrid county and not even the east half of this section in Mississippi county, and Deal could not place his construction upon the will. R. S.. 1889,…
1Opinion of the CourtGantt, P. J.
Ejectment for forty acres of land, the southwest quarter of the southwest quarter of sec*448tion 16, township 23, range 16, in New Madrid county. Ouster laid on the twenty-first day of April, 1894. Answer is a general denial and an adverse possession for more than ten years prior to the institution of this action. Reply denies new matter.
The land was school land and belonged to New Madrid and Mississippi counties. As such it was sold and patented to H. W. Molder and George W. Whit-comb on March 13, 1854, by the Governor of Missouri. These purchasers made a joint school mortgage to Mississippi…
2Cited by10 opinions
- Gayle v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
- Adair v. MetteSupreme Court of Missouri · 1900
- Stark v. Publishers George Knapp & Co.Supreme Court of Missouri · 1901
- Hahn v. BradleyMissouri Court of Appeals · 1902
- Gilbert v. Evens & Howard Fire Brick Co.Missouri Court of Appeals · 1924
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