Missouri Appeal Reports Volume 12

Missouri Appeal Reports Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...was made with the view of enabling them to buy at sometime, an edifice more commodious than the one in which they were worshipping. Counsel also appeal to Mrs. Caspari's acts in recognition and ratification of this deed. An answer to this is, that all these acts, such as they were, took place before she had consulted with counsel, and while she remained under the same influence as the influence which had prompted her to make the gift. There is no evidence whatever, that at the time of any of the attempts made by her, which are appealed to as ratifications of the gift, she had the benefit of any competent or disinterested advice upon the subject. Finally, it is urged on the part of the defendants that the dissensions in the church furnished the motive for the bringing of this suit. That these dissensions were the occasion of this suit, we do not doubt; that, but for these dissensions, in which Mrs. Caspari felt bound to side with the pastor and against the majority of the congregation, her interest would have been paid, that she would have continued to worship with them in the church edifice bought in pa1t with this gift, under the ministrations of her former pastor; and that, under these circumstances, she would not have desired to revoke the gift, although her legal right to do so would have been just as clear as though no dissension had taken place. Upon this point, the language of the learned judge who heard this case in the circuit court (Adams, J.), is very judicious. He states, in a memorandum of opinion filed by him, that his first impression was that this church quarrel took away the plaintifl"s equity; but he says: " Upon more reflection I am of the opinion that the plaintifl"s equitable rights are not...
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Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236940962
  • 9781236940964