Legal Opinion

Jones v. Belshe

Supreme Court of Missouri

Decided December 19, 1911PublishedCited by 4 opinions

Appeal from Daviess Circuit Court. — Hon; Francis H. Trimble, Judge. (1) This court will review the finding of facts by the trial court in an equity proceeding. Brown v. Pickle, 135 Mo. 405; Penne v. Schnecko, 100 Mo. 250; McElroy v. Maxwell, 101 Mo. 295; Hamilton v. Armstrong, 120 Mo. 597. (2) The burden of proof is on the plaintiffs to prove their case as alleged in their petition. Brown v. Pickle, 135 Mo. 405. And by a preponderance of the evidence.

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Appeal from Daviess Circuit Court. — Hon; Francis H. Trimble, Judge. (1) This court will review the finding of facts by the trial court in an equity proceeding. Brown v. Pickle, 135 Mo. 405; Penne v. Schnecko, 100 Mo. 250; McElroy v. Maxwell, 101 Mo. 295; Hamilton v. Armstrong, 120 Mo. 597. (2) The burden of proof is on the plaintiffs to prove their case as alleged in their petition. Brown v. Pickle, 135 Mo. 405. And by a preponderance of the evidence. Brown v. Poster, 112 Mo. 297; Taylor v. Crockett, 123 Mo. 300. (3) A grantor in a deed is presumed to be sane and competent at the time of its…

1Opinion of the CourtFerriss, J.

Suit to set aside a warranty deed, executed by William Bernhard on the 14th day of May, 1907, to Joseph V. Belshe and Harriet E., his wife, conveying to them a farm of 120 acres in Gentry county, worth upwards of eight thousand dollars, for the recited consideration of one dollar and love and affection. The deed contained the following provisions : ' -

“It being expressly understood and.agreed by the parties hereto that the said parties of the second part shall maintain and keep said party of-the first part for and during his natural* life in a manner suitable to his condition in life. Said…

2Cases cited6 opinions

  1. McClure v. LewisSupreme Court of Missouri · 1880
  2. Ennis v. BurnhamSupreme Court of Missouri · 1901
  3. Cutler v. ZollingerSupreme Court of Missouri · 1893
  4. McKissock v. GroomSupreme Court of Missouri · 1899
  5. Pennington v. StantonSupreme Court of Missouri · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bushman v. BushmanSupreme Court of Missouri · 1925
  2. Schwarz v. TaegerIdaho Supreme Court · 1927
  3. Jeude v. EibenSupreme Court of Missouri · 1936
  4. McCollum v. WattsSupreme Court of Missouri · 1928

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