Missouri Appeal Reports Volume 2

Missouri Appeal Reports Volume 2

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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. 1887 edition. Excerpt: ...so at any time; (9) to ignore both property and title, with all their incidents, until after the death of the party to whom he is alleged to have made a reconveyance, and also of the notary before whom that conveyance appears to have been acknowledged. These proofs of the plaintifl"s indifl'erence might go far to excite a suspicion that he was also unmindful of the circumstance of his having signed the deed in question. They at least fail, with reference to his direct testimony, of that conclusive corroboration which will sometimes turn the scale between the opposing statements of respectable witnesses. The direct testimony upon the other side of the issue embarrasses us with no such strain upon an ordinary fund of credulity. It may be that the plaintifl', as he testifies, did never execute the deed to Mrs. Kyne which he here asks to have canceled, but the preponderance of the testimony to the contrary is, in our estimation, conclusive of the whole case. We therefore aflirm the general term's reversal of the judgment at special term, and dismiss the plaintiff 's bill. All the judges concur. Where the trial of an issue of fact requires the examination of an account, it is error to refer it, against the objection of one of the parties, where the account is clearly not a long one. APPEAL from St. Louis Circuit Court. Reversed and remanded., Blakeman di Thayer, for appellant, cited: Edwardson v. Garnhart, 56 Mo. 81; Wag. Stat. 1041, sec. 18; Swift v. Wells, 2 How. Pr. 79;.Iiller v. Hooker, 2 How. Pr. 171; Stewart v. Elwele, 3 Code R. 139; McCullough v. Brodie, 11 How. Pr. 346; s. c., 6Denio, 659; Harris v. Head, 16 Abb. U. S. 257; Dickinson v..Iitch('ll, 19 Abb. U. S. 286. E. IV. Pattison, for respondent, cited: Wi1li:1.ms v....
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Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236809785
  • 9781236809780