Looker v. Davis
Supreme Court of Missouri
Appeal from Sixth District Court. I. The Circuit Court of St. Charles erred in framing issues and sending them out to be tried by a jury in this case. This was a chancery case, and neither party had any right to demand a jury. (Morris v. Morris, 28 Mo. 114-17.) II. The court erred in allowing the plaintiff to testify to an alleged contract made by him with John B. Davis in his lifetime. This alleged contract is the foundation of plaintiff’s claim.
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Appeal from Sixth District Court. I. The Circuit Court of St. Charles erred in framing issues and sending them out to be tried by a jury in this case. This was a chancery case, and neither party had any right to demand a jury. (Morris v. Morris, 28 Mo. 114-17.) II. The court erred in allowing the plaintiff to testify to an alleged contract made by him with John B. Davis in his lifetime. This alleged contract is the foundation of plaintiff’s claim. It was the matter in issue and on trial. An executor is not a competent witness in his own behalf to support a charge in his probate account of…
1Opinion of the CourtWagmr, Judge
The record shows that in 1857 John B. Davis sold and conveyed to one Printz a tract of land in Montgomery county, for $3,800, and, to secure the purchase money in three equal payments, Printz gave his notes to Davis and executed a deed of trust on the land sold, to one David Thomas, as trustee. In 1859 Davis died, leaving Thomas his executor; and afterward Thomas, as trustee in the deed, proceeded and sold the land under the terms of the deed of trust; and Joseph Davis, who is the defendant in this suit and also a son of John B. Davis, bought it and received a deed therefor.
Joseph Davis, the…
2Cases cited1 opinion
- Granger v. BassettMassachusetts Supreme Judicial Court · 1868
3Cited by30 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Ring v. JamisonSupreme Court of Missouri · 1877
- McKee v. DowningSupreme Court of Missouri · 1909
- Chapman v. DoughertySupreme Court of Missouri · 1885
- Sitton v. ShippSupreme Court of Missouri · 1877
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