Hopper v. Hopper
Missouri Court of Appeals
Appeal from Ihe Roone Circuit Court.—Hon. J. A. Hochadaijj Judge. (1) The evidence does not sustain the verdict. (2) The court committed error in giving instruction number 1 for plaintiff. This instruction declares his right to give his wife this property, that he did give it to her and that such gift is binding on the heirs, executors and legatees.
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Appeal from Ihe Roone Circuit Court.—Hon. J. A. Hochadaijj Judge. (1) The evidence does not sustain the verdict. (2) The court committed error in giving instruction number 1 for plaintiff. This instruction declares his right to give his wife this property, that he did give it to her and that such gift is binding on the heirs, executors and legatees. No other construction than that deceased had a right to make this gift, and that he did give plaintiff the property in controversy, which is binding upon this defendant, can be put upon this instruction. Walters v. Cox, 67 Mo. App. 299, 302; Comer…
1Opinion of the CourtSmith, P. J.
The plaintiff is the widow and the defendant is the son of J. O. Hopper, deceased. The plaintiff claims to be the owner and entitled to the possession of the two horses in controversy, which she alleges were given to her by her husband in his lifetime. The defendant disputes the plaintiff’s ownership and claims to b.e the owner himself. There was a trial which resulted in judgment for plaintiff.
The evidence was quite conflicting in relation to the gift, of the horses by deceased to plaintiff, which was the decisive issue in the case. The jury might very well have found this issue either way.
Th…
2Cases cited4 opinions
- McCoy v. HyattSupreme Court of Missouri · 1883
- Schooler v. SchoolerMissouri Court of Appeals · 1885
- Randall v. LeeMissouri Court of Appeals · 1897
- Herring v. CorderMissouri Court of Appeals · 1892
3Cited by4 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
- Taylor v. Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1904
- McClure v. NowickMissouri Court of Appeals · 1964