Hutsell v. Crewse
Supreme Court of Missouri
Error from the Wright Circuit Court. — Hon. W. I. Wallace, Judge. (1) The petition does.not state a cause of action in that it does not allege that defendants are the heirs of R. M. Crewse or that R. M. Crewse is dead, and no testimony was admissible, and the fact that plaintiffs took leave of the court to amend their petition would not make any testimony admissible.
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Error from the Wright Circuit Court. — Hon. W. I. Wallace, Judge. (1) The petition does.not state a cause of action in that it does not allege that defendants are the heirs of R. M. Crewse or that R. M. Crewse is dead, and no testimony was admissible, and the fact that plaintiffs took leave of the court to amend their petition would not make any testimony admissible. (2) The facts and circumstances detailed in evidence negative the presumption of delivery of the deed sought to be reformed. This court will not permit the judgment of the lower court to stand unless the facts proven be such as…
1Opinion of the CourtBrace, J.
The plaintiffs in this action are the children of R. M. Crewse late of Wright county, deceased, by his first wife; and the defendants are the second wife of said deceased and her children by him.
On the first day of September, 1879, and during the lifetime of his first wife, the said R. M. Crewse executed several deeds to each of his children by her, to lands which he owued in Missouri, and among them one to his daughter Emily C. Crewse, who was then a minor, for a tract in Wright county, described in the petition as being a part of his home place. In this deed the numbers of the township and…
2Cited by10 opinions
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- National Bank of Commerce v. LaughlinSupreme Court of Missouri · 1924
- State Ex Rel. Harry L. Hussman Refrigerator & Supply Co. v. City of St. LouisSupreme Court of Missouri · 1928
- Federal Land Bank v. McColganSupreme Court of Missouri · 1933
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