107 Mo. App. 168 | Mo. Ct. App. | 1904
(after stating the facts). — Prom the above synopsis of the pleadings and the proof, it is manifest- that plaintiff relied on no derivative title to the instrument, and the testimony of the numerous witnesses combating her explanation of the possession of the note, fortified by her own irreconcilable testimony at former hearing of the case, together with its allowance as an item of credit in her claim against her father’s estate, establish beyond question that the note was among her father’s assets at time of his demise and passed into the possession of his administrator as part of his estate. The proof is alsp overwhelming that the money borrowed was the property of the father and the note intended to be drawn to him, although in deference to the prevailing rule forbidding an appellate court to consider the weight of the evidence, we might hesitate to reverse the case solely because the judgment is