Legal Opinion

Elsea v. Smith

Supreme Court of Missouri

Decided February 16, 1918PublishedCited by 43 opinions

Appeal from Saline Circuit Court. — Hon Samuel Davis, Judge. (1) The plhintiff, George W. Elsea, was incompetent to testify for his co-plaintiff, American Bible Society, as both had an identical interest in the- validity of the deed sought to be established. Sec. 6354, R. S. 1909; Hisaw v. Sigler, 68 Mo. 449; 40 Cyc. 2334; Dumbar v. Meadows, 176 S. W. (Ky.) 1167. (2) The delivery of a deed is essential to its operation as a conveyance, and the grantee must have accepted it.

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Appeal from Saline Circuit Court. — Hon Samuel Davis, Judge. (1) The plhintiff, George W. Elsea, was incompetent to testify for his co-plaintiff, American Bible Society, as both had an identical interest in the- validity of the deed sought to be established. Sec. 6354, R. S. 1909; Hisaw v. Sigler, 68 Mo. 449; 40 Cyc. 2334; Dumbar v. Meadows, 176 S. W. (Ky.) 1167. (2) The delivery of a deed is essential to its operation as a conveyance, and the grantee must have accepted it. Hall v. Hall, 107 Mo. 107; Wren v. Sturgeon, 184 S. W. 1036. (3) The burden of proof of the delivery of a deed is on him…

1Opinion of the CourtWalker, P. J.

This is a suit brought by the respondents against the appellants to quiet title to 240 acres of land in Saline County. Upon a trial before the court a judgment' was rendered for the respondents, from which the appellants have prosecuted this appeal.

The respondents claim as devisees under a.will of Earle N. Elsea, the appellants as the heirs of Paschal E. Smith, who is the common source of title.

' In March, 1883, Paschal E. Smith made a deed to the land in controversy to his daughter Lou E., intermarried with one George W. Elsea. Soon thereafter the grantor built a dwelling on the property, as…

2Cases cited21 opinions

  1. Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
  2. Bailey v. Kansas CitySupreme Court of Missouri · 1905
  3. Eckle v. RylandSupreme Court of Missouri · 1914
  4. State ex rel. West v. DiemerSupreme Court of Missouri · 1914
  5. Weiermueller v. ScullinSupreme Court of Missouri · 1907

16 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Huttig v. BrennanSupreme Court of Missouri · 1931
  2. Fellows v. FarmerMissouri Court of Appeals · 1964
  3. Sutorius v. MayorSupreme Court of Missouri · 1943
  4. Foster v. Englewood Hospital Ass'nAppellate Court of Illinois · 1974
  5. Case v. SipesSupreme Court of Missouri · 1919

38 more not listed; retrieve them via the Exa API.

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