Ross v. Ross
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court.—Hon. J. D. Foster, Judge. There was no evidence to show that Sada Ross was of unsound mind, or that defendant was guilty of any fraud or exercised any undue influence over her at the time of the execution of the deed. The evidence offered by plaintiffs to show that the deed was intended as a mortgage, was inadmissible, because there was no allegation in the petition to authorize it.
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Appeal from Cape Girardeau Circuit Court.—Hon. J. D. Foster, Judge. There was no evidence to show that Sada Ross was of unsound mind, or that defendant was guilty of any fraud or exercised any undue influence over her at the time of the execution of the deed. The evidence offered by plaintiffs to show that the deed was intended as a mortgage, was inadmissible, because there was no allegation in the petition to authorize it. The evidence must correspond with and sustain the allegations of the petition, and testimony as to facts collateral to the issues is inadmissible. State v. Roberts, 62 Mo.…
1Opinion of the CourtNorton, J.
This suit was commenced in the circuit court of Cape Girardeau county, on the following petition:
Plaintiffs say that Sada Ross departed this life in Cape Girardeau county, Missouri, on the-day of-,1879, intestate. That said Sada left as heirs, children as follows: Mrs. W. II. Campbell, Zonas N. Ross, James II. Ross, Nancy C. Ross married to William Hitt, Sarah J. Ross married to B. II. Newell, D. L. Ross married to George N. Mefford, and this defendant Jasper M. Ross, entitled to her estate. That prior to her death she was the owner in fee simple of the following described real estate,…
2Cases cited4 opinions
- Newham v. KentonSupreme Court of Missouri · 1883
- White v. RushSupreme Court of Missouri · 1874
- Cox v. EstebSupreme Court of Missouri · 1878
- Baldwin v. WhaleySupreme Court of Missouri · 1883
3Cited by8 opinions
- Hecker v. BleishSupreme Court of Missouri · 1928
- Reed v. BottSupreme Court of Missouri · 1889
- Schneider v. PattonSupreme Court of Missouri · 1903
- Roden v. HelmSupreme Court of Missouri · 1905
- Burk v. PenceSupreme Court of Missouri · 1907
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