Kline v. Groeschner
Supreme Court of Missouri
Appeal from Cape Girardeau. Court of Common Pleas. —lion. JoJin A. Snider, Judge. (1) The act under which the patent to Shapley R. Phillips in 1859 was issued made no provision for. its being recorded in the recorder’s office. The execution of that patent was not acknowledged before any officer, nor was the execution of it required to be “proven according to law.” It was not entitled to registration in the recorder’s office.
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Appeal from Cape Girardeau. Court of Common Pleas. —lion. JoJin A. Snider, Judge. (1) The act under which the patent to Shapley R. Phillips in 1859 was issued made no provision for. its being recorded in the recorder’s office. The execution of that patent was not acknowledged before any officer, nor was the execution of it required to be “proven according to law.” It was not entitled to registration in the recorder’s office. A copy of it, therefore, was not admissible in evidence for any purpose. It is only copies of deeds or conveyances that have been “acknowledged or proven and recorded”…
1Opinion of the Court
This suit is under Section 2535, Revised Statutes 1909, to determine title to the southwest quarter of Section 15, Township 22, Range 13, in New Madrid County, Missouri. The answer, after a general denial and an averment of title in the defendant, pleads the ten-year Statute of Limitations, the thirty-year Statute of Limitations, laches and estoppel, and facts which it is claimed bar the action by limitation under Section 1900, Revised Statutes 1909. There was a judgment for plaintiff determining title in him, and defendant appealed.
It appears from the record and briefs that both parties to…
2Cases cited12 opinions
- Armor v. FreySupreme Court of Missouri · 1913
- Karnes v. American Fire InsuranceSupreme Court of Missouri · 1898
- Meriwether v. OverlySupreme Court of Missouri · 1910
- Wilcox v. PhillipsSupreme Court of Missouri · 1914
- Powell v. BowenSupreme Court of Missouri · 1919
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3Cited by10 opinions
- United States Fire Ins. Co. v. SwydenSupreme Court of Oklahoma · 1935
- Dudeck v. EllisSupreme Court of Missouri · 1966
- Douglas v. ThompsonSupreme Court of Missouri · 1956
- Jackson v. Prairie Oil & Gas Co.Supreme Court of Kansas · 1924
- Missouri Cattle Loan Co. v. Great Southern Life InsuranceSupreme Court of Missouri · 1932
5 more not listed; retrieve them via the Exa API.