Cooper v. Ord
Supreme Court of Missouri
Appeal from Carroll Circuit Court. I. The court erred in allowing John W. Cooper to testify in behalf of his wife, Hannah Cooper, who was the real plaintiff — the action having been brought to recover the land in her name. He was not a competent witness for her. (Paul vs. Leavitt, 53 Mo., 595.) II. The court erred in admitting the deed from Collett to Hannah Cooper as color of title to the west half of the land in controversy.
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Appeal from Carroll Circuit Court. I. The court erred in allowing John W. Cooper to testify in behalf of his wife, Hannah Cooper, who was the real plaintiff — the action having been brought to recover the land in her name. He was not a competent witness for her. (Paul vs. Leavitt, 53 Mo., 595.) II. The court erred in admitting the deed from Collett to Hannah Cooper as color of title to the west half of the land in controversy. The evidence all shows that the defendant took possession of the land in 1866, and the deed from Collett was executed and bears date in 1870. There was no possession…
1Opinion of the Court
Toros, Judge,
delivered the opiuion of the court.
This was an action of ejectment. The petition states, that in 1866 plaintiffs were, had for a long time been, and still were, husband and wife, and that on the first day of July, 186.6, the said Hannah Cooper, the wife, etc., was, had for a long time previous thereto'been, and still was, the owner in fee of the southwest quartey of section twelve, in township fifty-four, of range twenty-two, in Carroll county, Missouri; that on the day and year last aforesaid, they were entitled to the possession of the said premises, and being so entitled, the…
2Cases cited6 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Crispen v. HannavanSupreme Court of Missouri · 1872
- Bledsoe v. SimmsSupreme Court of Missouri · 1873
- Tingley v. CowgillSupreme Court of Missouri · 1871
- Rannels ex rel. Renick v. RannelsSupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Lebanon Mining Co. of New York v. RogersSupreme Court of Colorado · 1884
- Sheldon v. Michigan Central RailroadMichigan Supreme Court · 1910
- Dyer v. WittlerSupreme Court of Missouri · 1886
- Allen v. MansfieldSupreme Court of Missouri · 1891
18 more not listed; retrieve them via the Exa API.