Paul v. Leavitt
Supreme Court of Missouri
Atjojoeal from Audrain Circuit Court. I. Frank A. Leavitt was disqualified and incompetent as a ' witness as against Mary S. Leavitt, Ms wife and co-defendant. (1 Greenl. Ev., § 334; 1 Phillip’s Ev., 77 ; "W. S., 1372; Fugate ■ vs. Pierce, 49 Mo., 441.) II. The parol evidence, as given by the witness Leavitt,was incompetent either to effect the deeds to Mrs. Leavitt offered in evidence, (Kimm vs. Weippert, 46 Mo., 532; 1 Greenl.
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Atjojoeal from Audrain Circuit Court. I. Frank A. Leavitt was disqualified and incompetent as a ' witness as against Mary S. Leavitt, Ms wife and co-defendant. (1 Greenl. Ev., § 334; 1 Phillip’s Ev., 77 ; "W. S., 1372; Fugate ■ vs. Pierce, 49 Mo., 441.) II. The parol evidence, as given by the witness Leavitt,was incompetent either to effect the deeds to Mrs. Leavitt offered in evidence, (Kimm vs. Weippert, 46 Mo., 532; 1 Greenl. Ev., §§ 275-277 ; 1 Phillip’s Ev., 547-8,) or, to alienate or destroy the marital rights of her husband in the lands of Mrs. Leavitt described in the petition.…
1Opinion of the CourtWagner, Judge
The petition alleges that defendants, Frank arid Mary S. Leavitt, are husband and wife, and that the said Mary made and executed her promissory note to the plaintiff, and that for the payment of the same she charged her separate property. There was a prayer for judgment against her alone, and that her separate estate might be subjected to the payment of the note. The defendant, Mary S., filed her separate answer to the petition, in which she denied the averments, that she had or possessed any separate property.
Upon this single issue, -as to whether defendant had any separate estate, the trial…
2Cases cited1 opinion
- Moore v. MooreSupreme Court of Missouri · 1872
3Cited by10 opinions
- Luntz v. GreveIndiana Supreme Court · 1885
- Hart v. LeeteSupreme Court of Missouri · 1891
- Stebbins v. AnthonySupreme Court of Colorado · 1880
- Joice v. BransonSupreme Court of Missouri · 1880
- Wood v. BroadleySupreme Court of Missouri · 1882
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