Tibeau v. Tibeau
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. For the report of this case, when on error before, see 19 Mo. 78. In addition to the evidence offered at the former trial, the plaintiff introduced evidence tending to prove a tender of the mortgage money. At the close of the plaintiff’s case, the defendant asked the following instruction: “ 1. The jury are instructed that the plaintiff can not recover;” which the court refused, and defendant excepted.
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Appeal from, St. Louis Circuit Court. For the report of this case, when on error before, see 19 Mo. 78. In addition to the evidence offered at the former trial, the plaintiff introduced evidence tending to prove a tender of the mortgage money. At the close of the plaintiff’s case, the defendant asked the following instruction: “ 1. The jury are instructed that the plaintiff can not recover;” which the court refused, and defendant excepted. Defendant then gave evidence tending to show a parol sale by plaintiff to defendant, and possession taken under' the same. The defendant asked the…
1Opinion of the CourtRyland, Judge
This case was heretofore in this court, and is reported in 19 Mo. 78. The judgment below was then reversed, and the cause remanded. The present record presents very much the same state of facts ; it will not be necessary therefore to make a lengthy statement of the facts now before us, but to refer to the reported case. The plaintiff below again obtained judgment against the defendant, who moved to set the same aside, and for a new trial, which being overruled, he brings the case here by appeal.
In this court, the defendant contends for a reversal of the judgment, because the court below…
2Cases cited2 opinions
- Wade v. ScottSupreme Court of Missouri · 1842
- Tibeau v. TibeauSupreme Court of Missouri · 1853
3Cited by3 opinions
- Reichard v. Manhattan Life InsuranceSupreme Court of Missouri · 1862
- McDowell v. MorathMissouri Court of Appeals · 1896
- Copeland v. Yoakum's Adm'rSupreme Court of Missouri · 1866