Wood v. Hicks
Supreme Court of Missouri
Error to Jefferson Circuit Court. I. The court below should have omitted the declarations of A. H. Downing, because they were against his interest at the time they were made. (16 Mo. 250.) The case in 32 Mo. 464, is not in point.
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Error to Jefferson Circuit Court. I. The court below should have omitted the declarations of A. H. Downing, because they were against his interest at the time they were made. (16 Mo. 250.) The case in 32 Mo. 464, is not in point. I. The court properly ruled out the declarations of Downing because he was a competent witness, and no foundation had been laid to impeach his evidence by first asking him if he made a particular statement to Power, on a specified time and at a particular place. “ Declarations of a maker of a deed attacked for fraud, are not evidence in favor of those who claim under…
1Opinion of the CourtLovelace, Judge
This was a petition to set aside a decree rendered in the Jefferson Circuit Court in favor of the defendant Hicks and against one Downing, decreeing title to certain real estate in said Hicks. The petition sets out that at the June term of the Jefferson Circuit Court, 1860, the plaintiff obtained judgment against said Downing for the sum of $138 and 74 cts., upon which judgment an execution issued, and certain real estate which is described in the petition was levied on as the property of said Downing and sold to the plaintiff; that previous to the sale of the land to the plaintiff, as…
2Cases cited1 opinion
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
3Cited by3 opinions
- Whimster v. HolmesMissouri Court of Appeals · 1914
- Baker v. Pere Marquette RailroadMichigan Supreme Court · 1905
- Kingsland v. DrumSupreme Court of Missouri · 1883