Thomas v. Thomas
Supreme Court of Missouri
Appeal from, Botoell Circuit Court. — Hon. «J. F. Hale, Judge. (1) The sole controlling question in this cause is : Was the conveyance of the property in question by J. R. Thomas, deceased, to P. L. Winkler, and the execution of the notes by Winkler to Sarah L. Thomas, wife of J. R. Thomas, and respondent herein, a gift of such property to her? There must be a clear intention on part of the donor to give, and an acceptance of the property on part of the donee as a gift, to…
Read the full summary
Appeal from, Botoell Circuit Court. — Hon. «J. F. Hale, Judge. (1) The sole controlling question in this cause is : Was the conveyance of the property in question by J. R. Thomas, deceased, to P. L. Winkler, and the execution of the notes by Winkler to Sarah L. Thomas, wife of J. R. Thomas, and respondent herein, a gift of such property to her? There must be a clear intention on part of the donor to give, and an acceptance of the property on part of the donee as a gift, to constitute the transaction a gift in law. In fact, the transaction must have been intended and understood by both parties…
1Opinion of the CourtMacfarlane, J.
This is a suit in equity to set aside and annul certain deeds, vesting in defendant the title to an undivided one-third of lot 1, in block 2, in the city of West Plains. One of these deeds was made by Julian R. Thomas, husband of defendant, to F. L. Winkler, dated the second day of December, 1886, and the other by said Winkler to defendant, dated February 11, 1887.
*461The grounds upon which plaintiffs seek the relief are substantially, as stated in the petition, as follows : Plaintiffs are the mother and brothers and sisters of Julian R. Thomas, who is deceased, and defendant is his widow ; that…
2Cases cited6 opinions
- Spencer v. VanceSupreme Court of Missouri · 1874
- George v. WilliamsonSupreme Court of Missouri · 1858
- Stevenson v. EdwardsSupreme Court of Missouri · 1889
- Botts v. GoochSupreme Court of Missouri · 1888
- Welch v. WelchSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Trautz v. LempSupreme Court of Missouri · 1932
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Wantuck v. United Savings and Loan AssociationSupreme Court of Missouri · 1971
- Foley v. HarrisonSupreme Court of Missouri · 1911
- Tobin v. TobinWisconsin Supreme Court · 1909
16 more not listed; retrieve them via the Exa API.