Foster v. Kimmons
Supreme Court of Missouri
'djppecil from, Greene Circuit Court. I. Evidence can only' be excluded for incompetence or irrelevance. II. Where there is any evidence tending to prove the facts there must be a finding on the evidence.
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'djppecil from, Greene Circuit Court. I. Evidence can only' be excluded for incompetence or irrelevance. II. Where there is any evidence tending to prove the facts there must be a finding on the evidence. (The other points made are necessarily omitted not being considered by the court.) I. This contract being within the statute of frauds, every material fact in the petition in relation to the gift, and its terms, acceptance, and the possession, and improvements, under that gift must be proved so as to leave no room for reasonable doubt as to the facts relied on. (Johnson vs. Quarles, 46 Mo.,…
1Opinion of the CourtVories, Judge
This action was brought in the Lawrence Circuit Court, and afterwards moved to the Green Circuit Court by a change of the venue.
' The action was brought to compel the specific performance of a parol gift of land, on the ground of part performance by *489the delivery of possession and valuable improvements made on the land.
The action was originally brought by the plaiutiff, Eliza Kimmons, who afterwards intermarried with "William S. Roster, after which the suit was prosecuted in tlieir joint names.
The petition charges, that the defendant, Robert Kimmons, the father of Edward Y. Kimmons, gave the…
2Cited by6 opinions
- Evans v. LeeNevada Supreme Court · 1877
- Collins v. LackeySupreme Court of Oklahoma · 1912
- Belch v. MillerMissouri Court of Appeals · 1888
- Owens v. MoraineSupreme Court of Oklahoma · 1925
- Mutual Life Insurance v. WiegmannMissouri Court of Appeals · 1923
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