Messimer v. McCray
Supreme Court of Missouri
Appeal from Caldwell Circuit Court — Hon. J. M. Davis, Judge. (1) Plaintiff’s objection to the deposition of James E. Orr, Jr., should have been sustained, for the reason that he was interested in the result of the suit, claiming under JamesL. Orr, Sr., deceased, who, if living, would Iiave been incompetent as a witness on the ground that Charles C. Birch, the other party to the alleged conveyance, and common source of title, was dead before the commencement of this action.
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Appeal from Caldwell Circuit Court — Hon. J. M. Davis, Judge. (1) Plaintiff’s objection to the deposition of James E. Orr, Jr., should have been sustained, for the reason that he was interested in the result of the suit, claiming under JamesL. Orr, Sr., deceased, who, if living, would Iiave been incompetent as a witness on the ground that Charles C. Birch, the other party to the alleged conveyance, and common source of title, was dead before the commencement of this action. Revised Statutes, 1879, sec. 4-010, ch. 72; Laws of Missouri, 1887, “Witnesses,” see. 1, p. 287; Revised Statutes, 1889,…
1Opinion of the CourtBrace, J.
This is an action in ejectment for two hundred and forty acres of land in Caldwell county, instituted against Warren and Millard E. McCray to which the other defendants under whom the McCrays were holding and who are the heirs at law of .James L. Orr, Sr., deceased, were, on their own motion made parties defendants. The case was tried by the court without a jury on the petition, the amended answer in which all the defendants joined, and the reply thereto, and a judgment rendered for the defendants, from which the plaintiff appeals.
Both parties claim under Charles C. Birch, deceased, who was…
2Cases cited4 opinions
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- O'Bryan v. AllenSupreme Court of Missouri · 1891
- Nugent v. CurranSupreme Court of Missouri · 1883
- Leach v. McFaddenSupreme Court of Missouri · 1892
3Cited by27 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Woelfle v. Connecticut Mutual Life InsuranceMissouri Court of Appeals · 1938
- Baker v. BakerSupreme Court of Missouri · 1952
- Howard v. StrodeSupreme Court of Missouri · 1912
- Sutorius v. MayorSupreme Court of Missouri · 1943
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