Lincoln v. Rowe
Supreme Court of Missouri
Error to Glay Circuit Court. Urquhart vs. Smith, 5 Kas. 447 ; Wilson vs. Boughton, 50 Mo. 17; Watson vs. Field, 10 Mo. 100 : Ashley vs. Gleason, 7 Mo. 32 ; Hill vs. City of St. Louis, 20 Mo., 584 ; Smith vs. Best, 42 Mo. 185 ; Boon vs. Miller’s Ex’r, 16 Mo. 457 ; Hendrickson, Adm’r, vs. St. Louis, &c.,34 Mo. 188 ; Freem. Judgm., 210, 227 ; 1 Sto. Eq., § 166.
1Opinion of the CourtSherwood, Judge
The plaintiff sought in the court below to subject the separate estate of Nancy, the co-defendant and wife of the defendant, Thomas Rowe, to the payment of a promissory note alleged to have been signed by her, and was successful, a decree having been entered as prayed.
I
The note having been declared on as lost or destroyed, it was unnecessary that its execution should be denied under oath. (Wagn. Stat. 1046, § 45.) But when we consider the-numerous quibbles and evasions of defendants’ lack-candor answer, wherein they repeatedly deny, and then seemingly admit, the note’s execution by Nancy;…
2Cases cited2 opinions
- Gage v. GatesSupreme Court of Missouri · 1876
- Shindler v. GivensSupreme Court of Missouri · 1876
3Cited by11 opinions
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Corrigan v. BellSupreme Court of Missouri · 1880
- Gruen v. BambergerMissouri Court of Appeals · 1881
- Hinkle v. KerrSupreme Court of Missouri · 1899
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