Dingman v. Romine
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hoh. James H. Lay, Judge. (1) Defendant filed a demurrer to plaintiff’s evidence. This should have been sustained. There is not a scintilla of testimony, from first to last, concerning these conveyances, sought to be set aside. No witness mentions the circumstances under which they were executed. Norton v. Faxton, 110 Mo. 467; Thompson v. Ish, 99 Mo. 160; Btish v. Lisle, 89 Ky. 393; White v. Stari, 47 N. J. Eq. 244; 2 Greenl.
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Appeal from Bates Circuit Court. — Hoh. James H. Lay, Judge. (1) Defendant filed a demurrer to plaintiff’s evidence. This should have been sustained. There is not a scintilla of testimony, from first to last, concerning these conveyances, sought to be set aside. No witness mentions the circumstances under which they were executed. Norton v. Faxton, 110 Mo. 467; Thompson v. Ish, 99 Mo. 160; Btish v. Lisle, 89 Ky. 393; White v. Stari, 47 N. J. Eq. 244; 2 Greenl. Ev. [13 Ed.], sec. 688. (2) The facts in this case will not shift the burden. Carl v. Gabel, 120 Mo. 283; McCulloch v. Campbell, 49…
1Opinion of the Court
Macearlane, J-.
— Plaintiffs James J. and Melvin C. Dingman, as sole heirs of Jacob P. Dingman, deceased, sue the defendants Margaret and James C. Romine to set aside two deeds, one executed and delivered by the said deceased to defendant Margaret Romine on the eleventh day of July, 1889, by which he conveyed to her a tract of one hundred and fifty acres of land in Bates county for the expressed consideration of $1 and uniform kindness and motherly care; the other a deed from the said Margaret to her son, the defendant James C. Romine, dated January 2, 1892, for an expressed consideration of…
2Cases cited2 opinions
- Allore v. JewellSupreme Court of the United States · 1877
- Griffith v. GodeySupreme Court of the United States · 1885
3Cited by23 opinions
- Cook v. HigginsSupreme Court of Missouri · 1921
- In Re: Estate of Donne'ly v. AshbySupreme Court of Florida · 1938
- Peacock v. DuboisSupreme Court of Florida · 1925
- Patton v. SheltonSupreme Court of Missouri · 1931
- Cornet v. CornetSupreme Court of Missouri · 1913
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