State v. Clark
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hoot. Jno. W. Wofford, Judge. (1) (a) It is the settled law of this State that the words “release, remise and quitclaim” in a quitclaim deed are sufficient operative words of conveyance. Mc-Anaw v. Tiffin, 143 Mo. 667; Bray v. Conrad, 101 Mo. 331; Wilson v. Albert, 89 Mo. 537. (b) And the same is the law of Kansas by express statutory provision.
Read the full summary
Appeal from Jackson Criminal Court. — Hoot. Jno. W. Wofford, Judge. (1) (a) It is the settled law of this State that the words “release, remise and quitclaim” in a quitclaim deed are sufficient operative words of conveyance. Mc-Anaw v. Tiffin, 143 Mo. 667; Bray v. Conrad, 101 Mo. 331; Wilson v. Albert, 89 Mo. 537. (b) And the same is the law of Kansas by express statutory provision. Sec. 1204, General Statutes 1901. (2) Armstrong v. Winfrey, 61 Mo. 35.4, recognizes that a quitclaim deed is within the meaning of the word “conveyance,” as used in section 1932, Revised Statutes 1899. (3) State…
1Opinion of the CourtGantt, P. J.
This is an appeal by the State from a judgment of the criminal court of Jáckson county * quashing an information filed in that court against the defendant for having made, executed and delivered a quitclaim deed to one Frederick E. Lyster without having recited therein the execution and delivery to one H. S. Clark of a prior mortgage on the real estate therein conveyed and situated in the county of Wilson, in the State of Kansas, said prior mortgage being at the date of said quitclaim deed still outstanding and in full force.
The universal doctrine in this country is that the *22validity and…
2Cases cited3 opinions
- Depas v. MayoSupreme Court of Missouri · 1848
- State Bank v. DoughertySupreme Court of Missouri · 1902
- Armstrong v. WinfreySupreme Court of Missouri · 1875
3Cited by5 opinions
- Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
- Snuffer v. KarrSupreme Court of Missouri · 1906
- Green v. McDowellMissouri Court of Appeals · 1922
- Hughes v. WinklemanSupreme Court of Missouri · 1912
- Blum v. SalyerDistrict Court, W.D. Missouri · 1969