68 Mo. 339 | Mo. | 1878
This is an equitable proceeding to set aside a conveyance of land made by George B. Twyman to Wilson, as trustee for the wife of Twyman. The evidence was very conflicting and the court found and decreed for defendants.
After a perusal of the evidence we are not prepared to say that the decree should have been different. The chief point in controversy was whether the land entered was entered with the money of the husband or that of the wife. There was testimony to the effect that there was a marriage contract between Twyman and his wife; that she had a separate estate, derived from that of her father, and the land, the subject of this proceeding, was purchased with money derived from such separate estate, and there was testimony to the contrary effect. There was one circumstance, however, detailed on the hearing of the cause, which may, perhaps, have had no inconsiderable influence on the mind of the court in its final conclusion touching the matter in controversy.
The land in question, some 120 acres, was entered on the 15th day of October, 1855, at the graduation price of fifty cents per acre, making the aggregate sum $60. The plaintiff had testified that he had gone the security for Twyman on a note to the county to raise money to enter
"Viewing the matter in this light, and somewhat deferring to the court below on a subject greatly dependent on the credibility to be attached to the testimony of the witnesses, we have thought best, on the whole record, to affirm the judgment, which is accordingly done.
Affirmed.