Shackelford v. Brown

• Decision Date: 21 June 1886
• Citation: 89 Mo. 546,1 S.W. 390
• Parties: SHACKELFORD, Ex'r, etc., v. BROWN.
• Court: Missouri Supreme Court

1 S.W. 390

89 Mo. 546

SHACKELFORD, Ex'r, etc., v. BROWN.

Supreme Court of Missouri.

June 21, 1886.

GIFT — DONATIO CAUSA MORTIS — DELIVERY TO AGENT OF DONOR.

Shackelford v. Brown, supra, followed.

Appeal from Carroll circuit court.

Eads & Graham, for appellant, A. J. Shackelford, Ex'r, etc. Hale & Sons & Mirick, for respondent, Thomas C. Brown.

PER CURIAM.

This suit originated in the circuit court of Carroll county, where, upon a trial, defendant had judgment, from which plaintiff appealed to this court. The subject-matter of this suit is the same as that of another prior and distinct proceeding, commenced by plaintiff against defendant in the probate court of Carroll county, where the plaintiff had judgment, from which defendant appealed to the circuit court of said county, where, upon a trial anew, the defendant had judgment, from which the plaintiff also appealed to this court. This latter suit, between the same parties, involving the same subject-matter, having been, by this court, on said appeal, at a former day of this term, decided in favor of the said defendant, (supra,) the said ruling and judgment in that case must be accepted as decisive of this, and for the same reason, and upon the same authorities, specified in said former case, to which reference is here had. For these reasons the judgment of the circuit court in this case is also affirmed.