Kansas City v. Scarritt
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. E. J. Broaddms, Judge. (1) (a) The court erred in admitting in evidence, over 'plaintiff’s objection, the deed from James B. Davenport to William L. Sublette and eleven other grantees, dated August 17, 1843. That deed is void. Not less than a majority of three commissioners, after having been ordered by the court to execute it, could have made a valid deed.
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Appeal from Clay Circuit Court. — Hon. E. J. Broaddms, Judge. (1) (a) The court erred in admitting in evidence, over 'plaintiff’s objection, the deed from James B. Davenport to William L. Sublette and eleven other grantees, dated August 17, 1843. That deed is void. Not less than a majority of three commissioners, after having been ordered by the court to execute it, could have made a valid deed. The sale was not reported to the court or confirmed, and Davenport was not empowered or directed to make the deed. McCoy v. Ragan, 29 Mo. 365. If there was such an order of court as the deed recites,…
1Opinion of the CourtSheewood, P. J.
— Ejectment for that certain block of ground in Kansas City bounded by Missouri avenue, Locust street, Independence avenue and Oak street, which was formerly the subject of controversy in Campbell v. City of Kansas, 102 Mo. 326. Ouster .laid as of December 19, 1890, :and damages in the stun of $10,000 demanded.
Defendants in this action,' or their predecessors in interest, were plaintiffs in the former case, and- were put in possession under a writ of restitution upon final determination of the former action. Shortly after such restitution, plaintiff renewed the legal contest by bringing the…
2Cases cited8 opinions
- Campbell v. City of KansasSupreme Court of Missouri · 1890
- Huxley v. HarroldSupreme Court of Missouri · 1876
- Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
- Goode v. City of St. LouisSupreme Court of Missouri · 1892
- Fleming v. MillsIllinois Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Billings v. PaineSupreme Court of Missouri · 1959
- Barker v. Hazel-Fain Oil Co.Court of Appeals of Texas · 1920
- Smith v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1907
- Tidwell v. WaldrupSupreme Court of Missouri · 1941
- DeWitt v. FerriesWisconsin Supreme Court · 2018
7 more not listed; retrieve them via the Exa API.