Legal Opinion

Clark v. Maguire

Supreme Court of Missouri

Decided March 15, 1852PublishedCited by 8 opinions

Error to St. Louis Circuit Court. This was an action of trespass, by the plaintiff in error, against the defendant in error, for taking personal property, and the questions which arise upon the record involve the construction of two deeds, under which the plaintiff claimed the property taken, the case turning upon the question of his title, under the deeds, to the property; the plaintiff submitted to a nonsuit, under the instruction of the court that “upon the whole of the…

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Error to St. Louis Circuit Court. This was an action of trespass, by the plaintiff in error, against the defendant in error, for taking personal property, and the questions which arise upon the record involve the construction of two deeds, under which the plaintiff claimed the property taken, the case turning upon the question of his title, under the deeds, to the property; the plaintiff submitted to a nonsuit, under the instruction of the court that “upon the whole of the evidence in this case, the plaintiff is not entitled to recover in this action.’ The facts, as they appeared in evidence,…

1Opinion of the CourtBylAND, Judge

From the statement in this case, the main questions before this court depend, for solution, upon the construction to be given to the deeds from Henry D. Bacon to Alexander, and from Alexander to Clark, the plaintiff.

To arrive at a proper decision in this case, we must look to the circumstances, as they present themselves by the record. Dennis Marks having failed in business, his brother-in-law, Bacon, stepped forward to the relief of his sister and her children. His deed to Alexander commences by reciting, í£ Tüat, whereas, my sister Mrs. Amira M. Marks, wife of Dennis Marks, of St. Louis, by…

2Cited by8 opinions

  1. Gordon v. EansSupreme Court of Missouri · 1888
  2. Clark v. ConwaySupreme Court of Missouri · 1856
  3. Richardson v. De GivervilleSupreme Court of Missouri · 1891
  4. Hamburger v. RinkelSupreme Court of Missouri · 1901
  5. Freeman v. MaxwellSupreme Court of Missouri · 1914

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