Mugan v. Wheeler
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Eon. James T. Neville, Judge. (1) On the evidence the judgment should he for the defendants. The evidence is entirely parol and a trust of the character declared upon cannot he so established.
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Appeal from Greene Circuit Court. — Eon. James T. Neville, Judge. (1) On the evidence the judgment should he for the defendants. The evidence is entirely parol and a trust of the character declared upon cannot he so established. The admission of such evidence is in contra-, vention of Statute of Frauds and of sec. 3416, E. S. 1899' — now sec. 2868, E. S. 1909. There is no trust declared in the deeds nor in any other writing’. Lane v. Eurig, 31 Mo. 75; Cornelius v. Smith, 55 Mo. 528; Mu-lock v. Mulock, 156 Mo. 431; Crawley v. Crafton, 193 Mo. 42.1; Hillman v. Allen, 145 Mo. 638; Church v.…
1Opinion of the CourtKennish, J.
— This is an appeal from a judgment of the circuit court of Greene county in favor of plaintiffs. Defendants appeal. Plaintiffs and defendants are the children and heirs of Patrick Mugan, deceased.
It is alleged in the amended petition that Patrick Mugan died on the —day of November, 1905; that on the —day of ■ — •, 1893, he was the owner of the land in controversy, situated in said county and particularly described in the petition, being a tract of about six acres; that in the year 1893” the said Patrick Mugan conveyed said property to his daughter, Eliza Banfield, one of the plaintiffs…
2Cases cited8 opinions
- Forrister v. SullivanSupreme Court of Missouri · 1910
- Hall v. Farmers & Merchants' BankSupreme Court of Missouri · 1898
- Wallace v. LibbySupreme Court of Missouri · 1910
- Sotham v. Drovers Telegram Co.Supreme Court of Missouri · 1912
- Crawley v. CraftonSupreme Court of Missouri · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kirkland v. Bixby.Supreme Court of Missouri · 1920
- Aulgur v. StrodtmanSupreme Court of Missouri · 1932
- First National Bank v. Security Mutual Life InsuranceSupreme Court of Missouri · 1920
- Vahldick v. VahldickSupreme Court of Missouri · 1915
- Brown v. ChaneySupreme Court of Missouri · 1914
5 more not listed; retrieve them via the Exa API.