McLaughlin v. McLaughlin's Administrator
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. I. The court erred in admitting the testimony of Tlieron Barnum, as he and plaintiff were privies in estate. Guy v. Hall, 3 Murph. 150. Hart v. Horn 2 Camp. 92. 7 Moore, 807. Lewin on Trusts and Trustees, 18 Raw Lib. 22, p. 10. Ib. p. 11. II. This is not a case where the admissions of a grantor are received as against himself.
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Error to St. Louis Court of Common Pleas. I. The court erred in admitting the testimony of Tlieron Barnum, as he and plaintiff were privies in estate. Guy v. Hall, 3 Murph. 150. Hart v. Horn 2 Camp. 92. 7 Moore, 807. Lewin on Trusts and Trustees, 18 Raw Lib. 22, p. 10. Ib. p. 11. II. This is not a case where the admissions of a grantor are received as against himself. Here it is sought to prove his admissions in his own favor ; therefore they are inadmissible. 8 Rawle, 437. 5 Serg. & Rawle, 295. 1 Bailey R. 101. 9Serg. & Rawle, 47, 53-4-5. 11 Wend. 583. 2 Conn. Rep. 467. 2 Mart. La. R. (N.…
1Opinion of the CourtScott, Judge
In June, 1850, Ruth McLaughlin filed her petition against Theron Barnum, trustee.
The petition states, that prior to the solemnizing of the rites of marriage between the plaintiff and James McLaughlin, she was possessed of more than two thousand dollars in money ; that in May, 1839, she was married to McLaughlin, and her money went into his possession ; that in May, 1840, McLaughlin, residing in Illinois, executed to defendant, Barnum, a deed of trust, whereby he conveyed to him certain leasehold estate ' in Ulinoistown, and certain merchandize then in a store, amounting in value to about two…
2Cases cited1 opinion
- Doolittle v. LewisNew York Court of Chancery · 1823
3Cited by21 opinions
- Merry v. FremonSupreme Court of Missouri · 1869
- Rice v. WaddillSupreme Court of Missouri · 1902
- Hall v. CallahanSupreme Court of Missouri · 1877
- Wynn v. CorySupreme Court of Missouri · 1871
- Crawford's Administrator v. LehrSupreme Court of Kansas · 1878
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