Topper v. Perry
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. Henry C. Pepper, Judge. (1) The court erred in admitting in behalf of defendants declarations of Ambrose G. Topper to the effect that he was not married to plaintiff, alleged to have been made in her absence to witnesses.
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Appeal from Lawrence Circuit Court. — Hon. Henry C. Pepper, Judge. (1) The court erred in admitting in behalf of defendants declarations of Ambrose G. Topper to the effect that he was not married to plaintiff, alleged to have been made in her absence to witnesses. Such declarations were not against the interest of declarant, but were self-serving and were such in their nature as decedent could not have introduced in his own behalf in his lifetime, and did not become competent after his death. Rice v. Waddell, 168 Mo. 121; Gentry v. Field, 143 Mo. 411; Tucker v. Tucker, 32 Mo. 468; Perry’s…
1Opinion of the CourtGantt, J.
This is an action brought to' determine the title to certain real estate in Lawrence, Barry and Laclede counties, Missouri, under section 650, Revised Statutes 1899.
The plaintiffs claim title to said real estate: the said Anna, a life estate by way of homestead and dower • as the widow of Ambrose G. Topper, deceased, by virtue of a common law marriage; and the minor, an estate by homestead and in fee simple as the only child and • heir'at law of said Ambrose G. Topper. The defendants are alleged to claim title to said real estate as .heirs at law of said Ambrose G. Topper, deceased, but *536plaint…
2Cases cited9 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Barnum v. BarnumCourt of Appeals of Maryland · 1875
- Dyer v. BrannockSupreme Court of Missouri · 1877
- Hantz v. SealySupreme Court of Pennsylvania · 1814
- Craufurd v. BlackburnCourt of Appeals of Maryland · 1861
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