Shanklin v. McCracken
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. Paris C. Stepp, Judge. (1) None of the numerous eases in which section 8922 has been construed by this court sustain the action of the trial court. Berry v. Kartsell, 91 Mo. 132; Moore v. Moore, 51 Mo. 118; Entwhistle v. Feiglmer, 60 Mo. 214. (2) The wife was competent as to any fact which she did not learn from her husband. Stein v. Weidman, 20 Mo. 17; 29 Am. and Eng.
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Appeal from Grundy Circuit Court. — Hon. Paris C. Stepp, Judge. (1) None of the numerous eases in which section 8922 has been construed by this court sustain the action of the trial court. Berry v. Kartsell, 91 Mo. 132; Moore v. Moore, 51 Mo. 118; Entwhistle v. Feiglmer, 60 Mo. 214. (2) The wife was competent as to any fact which she did not learn from her husband. Stein v. Weidman, 20 Mo. 17; 29 Am. and Eng. Ency. of Law, 630. Her testimony as to what she saw would violate no rule of marital confidence. When admonished not to state any part of the conversation which passed in her hearing,…
1Opinion of the CourtBrace, J.
This is a suit in equity to set aside three deeds, signed, sealed, and acknowledged by James McCracken on the nineteenth of June, 1888, and thereafter duly recorded, conveying certain real estate in Grundy county, described in the petition, to his father, John A. McCracken, on the ground that said deeds were made without consideration, with the intent to hinder, delay, and defraud the creditors of *350the said James; and were never delivered to the said John A. McCracken, since deceased, whose widow, administrator and heirs at law are the defendants herein.
It'appears from the evidence that at the…
2Cases cited5 opinions
- McFadin v. CatronSupreme Court of Missouri · 1894
- Moore v. WingateSupreme Court of Missouri · 1873
- Holman v. BachusSupreme Court of Missouri · 1880
- Harlan v. MooreSupreme Court of Missouri · 1896
- Willis v. GammillSupreme Court of Missouri · 1878
3Cited by9 opinions
- Lynn v. HookadaySupreme Court of Missouri · 1901
- Brown v. PattersonSupreme Court of Missouri · 1909
- State v. KodatSupreme Court of Missouri · 1900
- Fishback v. HarrisonMissouri Court of Appeals · 1909
- Sawyer v. ThomasMissouri Court of Appeals · 1905
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