Keithley v. Keithley
Supreme Court of Missouri
Appeal from Ralls Circuit Court.—Hon. Theo. Brace, Judge. (1) The court committed error in refusing either to submit to the jury, or itself to try the first, second and third issues, or either of them, as made by the pleadings. The first issue is certainly a material one. The defendant does not claim, and the deed itself negatives the idea that the conveyance was made as a gratuity.
Read the full summary
Appeal from Ralls Circuit Court.—Hon. Theo. Brace, Judge. (1) The court committed error in refusing either to submit to the jury, or itself to try the first, second and third issues, or either of them, as made by the pleadings. The first issue is certainly a material one. The defendant does not claim, and the deed itself negatives the idea that the conveyance was made as a gratuity. Courts of equity will not permit one to accept a conveyance for a consideration, and afterwards set it up as a gift. Gadwallader v. West, 48 Mo. 495. The trial court could not take the verdict of the jury upon a…
1Opinion of the Court
DeAemokd, C.
Rowland Keithiey owned three hundred and forty-two acres of land in Ralls county, worth about seven thousand dollars, and had some money, live stock, notes, and other personalty. In 1869 he made a will, in which he devised ten acres to his son, James T., and one hundred acres to another son, John 0., and directed the general distribution, in a specified way, of the residue of his property, among his children and grandchildren. His children, of whom eight survived him, were all grown. One daughter had died, leaving two children. Some were very poor, especially a widowed daughter…
2Cases cited1 opinion
- Snell v. HarrisonSupreme Court of Missouri · 1884
3Cited by6 opinions
- Lee v. LeeSupreme Court of Missouri · 1914
- Lewis v. MurraySupreme Court of Minnesota · 1915
- Davis v. FormanSupreme Court of Missouri · 1910
- Farmer v. Stillwater Water Co.Supreme Court of Minnesota · 1909
- Jones v. Chicago, Burlington & Q. R.Wyoming Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.