Dale v. Parker
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. George Pepper dine, Special Judge. (1) The contract, while testamentary in character, is lacking in all the essential forms of a will and is not effective as a testamentary disposition.
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Appeal from Greene Circuit Court. — Hon. George Pepper dine, Special Judge. (1) The contract, while testamentary in character, is lacking in all the essential forms of a will and is not effective as a testamentary disposition. M'iller v. Holt, 68 Mo. 584; Murphy v. Gabbert, 166 Mo. 696; Chew v. Keller, 171 Mo. 222; Dozier v. Toalson, 180 Mo. 552; Hershey v. Clark, 35 Ark. 17; Wilenou v. Handlon, 69 N. E. (111.) 892; Culey v. Upham, 94 N. W. (Mich.) 405; Aldridge v. Aldridge, 202 Mo. 565. (2) The tenant does not forfeit his right by mistakenly but honestly, or even by unlawfully invoking or…
1Opinion of the CourtGray, J.
This action was begun before a justice of the peace in Campbell township, Greene county, under the unlawful detainer act, for the possession of certain real estate situated in said county. It was after-wards removed to the Greene County Circuit Court by the defendants, on a writ of certiorari. On November 23, 1906, the cause was tried before Honorable George Pepperdine, Special Judge, sitting as a jury, resulting in a judgment in favor of the plaintiff for the possession of the property, together with damages in the sum of $86.32, and ten dollars monthly rents, and profits, the same being…
2Cases cited4 opinions
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Towne v. BowersSupreme Court of Missouri · 1884
- Robinson v. Troup Mining Co.Missouri Court of Appeals · 1894
- State v. NormanSupreme Court of Missouri · 1901
3Cited by4 opinions
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
- In Re North's EstateMissouri Court of Appeals · 1959
- Bartlett Trust Co. v. BishopMissouri Court of Appeals · 1929
- York v. JacksonMissouri Court of Appeals · 1959