Fosburgh v. Rogers
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court.—Hon. L. B. Valliant, Judge. This is an action in ejectment for the possession of certain real estate'in the City of St. Louis. Both parties trace title to a common source, Dr. James H. McLean.
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Appeal from, St. Louis City Circuit Court.—Hon. L. B. Valliant, Judge. This is an action in ejectment for the possession of certain real estate'in the City of St. Louis. Both parties trace title to a common source, Dr. James H. McLean. On the fifth of March, 1878, Dr. James H. McLean and his wife, Sarah L. McLean, executed a deed for the adoption of the defendant, 0. Hart McLean, under the statutes of Missouri, in the following form, viz.: “This indenture, made and executed this fourth day of March, A. D., one thousand eight hundred and seventy-eight, by and between James H. McLean and his…
1Opinion of the CourtBarclay, J.
This case turns on the question of the sufficiency of the steps taken by James H. McLean and his wife to adopt C. Hart McLean as their heir under the Missouri law. The deed executed and recorded by them with a view to such adoption, appears at large in the statement accompanying this opinion. If that act was valid to effectuate the purpose apparently intended, we need not take up any other question that the fact may suggest.
*130No question is raised of the rights of defendants between themselves.
Plaintiffs assert the invalidity of that deed on various grounds.
1. The chief objection goes to its…
2Cited by23 opinions
- Brock v. DormanSupreme Court of Missouri · 1936
- Cochrel v. RobinsonOhio Supreme Court · 1925
- In re Walworth's EstateSupreme Court of Vermont · 1912
- Bourne v. DorneyAppellate Division of the Supreme Court of the State of New York · 1918
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
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