Fogle v. Pindell
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. — No». Nat M. Shelton, Judge. The court erred in excluding tlie Kentucky statutes on descent for tlie reason that they were not pleaded. There was no question made that the statute produced and read in evidence was the Kentucky statute. That statute was simply a link in the chain of evidence to establish that the money paid for this land was Mrs. Pindell’s money and she was not required to plead the statute.
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Appeal from Schuyler Circuit Court. — No». Nat M. Shelton, Judge. The court erred in excluding tlie Kentucky statutes on descent for tlie reason that they were not pleaded. There was no question made that the statute produced and read in evidence was the Kentucky statute. That statute was simply a link in the chain of evidence to establish that the money paid for this land was Mrs. Pindell’s money and she was not required to plead the statute. Excluding the statute because it was not pleaded was equivalent to overruling all other objections, and they were all made after the statute had been…
1Opinion of the Court
BROWN, 0.
This is a proceeding instituted by daughters of Michael M. Pindell, deceased, against the other heirs and the appellant Jennie Pindell, his widow, to partition a tract of land of 105 acres in Schuyler county upon which the deceased was residing at the time of his death, which occurred in May, 1905. On May 4, 1908, Mrs. Pindell filed her second amended answer admitting her marriage to the deceased and his death and raising the question involved in this appeal as follows:
“Further answering this defendant says that her husband bought the land described in the petition and paid the…
2Cases cited7 opinions
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Aull v. DaySupreme Court of Missouri · 1896
- Rice v. ShipleySupreme Court of Missouri · 1901
- Miller v. SlupskySupreme Court of Missouri · 1900
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3Cited by12 opinions
- Lee's Summit Building & Loan Ass'n v. CrossSupreme Court of Missouri · 1939
- Stierlin v. TeschemacherSupreme Court of Missouri · 1933
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- Stewart v. StewartMissouri Court of Appeals · 1955
- Thorp v. DanielSupreme Court of Missouri · 1936
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