Bradley v. West
Supreme Court of Missouri
Appeal from Carroll Circuit Court. I. The deed frotn Horton to Bradley should have been excluded. It was acknowledged more than eight years after date, and the certificate fails to show that the justice acted in his own or in any town. (Carpenter vs. Dexter, 8 Wall., 513 ; Merchants Bank, etc. vs. Harrison 39 Mo., 433.) II. The court erred in giving plaintiff’s fifth instruction. This is not a case of mixed possession.
Read the full summary
Appeal from Carroll Circuit Court. I. The deed frotn Horton to Bradley should have been excluded. It was acknowledged more than eight years after date, and the certificate fails to show that the justice acted in his own or in any town. (Carpenter vs. Dexter, 8 Wall., 513 ; Merchants Bank, etc. vs. Harrison 39 Mo., 433.) II. The court erred in giving plaintiff’s fifth instruction. This is not a case of mixed possession. Defendant, by his entry under claim of right and color of title, acquired seizin co-extensive with the premises covered,by his deed. (Wagn. Stat., 917, § 5 ; Tyl. Éj., 904.)…
1Opinion of the CourtWagner, Judge
This was an action of ejectment to recover a quarter section of land within the military bounty tract.
The plaintiff proved title by a regular chain from the patentee of the government, and the defendant relied on the statute of limitations.
On the trial the plaintiff introduced evidence tending to show that on the morning of the 26th of April, 1869, he went on the land in company with another person for the purpose of leasing the same to him ; that he went around it and found the corners, and stepped off forty acres and threw up at the corners small mounds. He did not succeed in consummating…
2Cases cited7 opinions
- Carpenter v. DexterSupreme Court of the United States · 1869
- The People v. . SnyderNew York Court of Appeals · 1869
- City of St. Louis v. GormanSupreme Court of Missouri · 1860
- Alternas v. CampbellSupreme Court of Pennsylvania · 1839
- DeGraw v. TaylorSupreme Court of Missouri · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- Bensimer v. FellWest Virginia Supreme Court · 1891
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Haggart v. RanneySupreme Court of Arkansas · 1904
- Maryland Fertilizing & Manufacturing Co. v. NewmanCourt of Appeals of Maryland · 1883
25 more not listed; retrieve them via the Exa API.