Rottink v. Nagle
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — lion. G. A. Calvird, Judge. (1) To warrant a decree in this case, the evidence should be of a cháracter so clear, definite and positive as to leave no room or reasonable ground for hesitancy or doubt in the mind of the chancellor.
Read the full summary
Appeal from St. Clair Circuit Court. — lion. G. A. Calvird, Judge. (1) To warrant a decree in this case, the evidence should be of a cháracter so clear, definite and positive as to leave no room or reasonable ground for hesitancy or doubt in the mind of the chancellor. Ferguson v. Robinson, 167 S. W. 453; Smith v. Smith, 201 Mo. 547; Reed v. Sperry, 193 Mo. 173; Johnson v. Quarles, 46 Mo. 423. (2) Where a party is in possession of land in privity with the rightful owner there must be an explicit disavowal and disclaimer of holding under that title brought borne to tbe owner, to constitute…
1Opinion of the CourtBond, C. J.
I. Action to try the title to one hundred and sixty acres of land in St. Clair County, Missouri.
■ ta emen . The petiton alleges that on August 16, 1898, and theretofore, one John Rottink, the husband of the plaintiff herein, owned and was in possession ^ certain land in St. Clair County, Missouri; that on that date he executed a deed conveying said land to John H. Nagle, the defendant, and that said deed is on record in the office of the Recorder of Deeds of St. Clair County; that said deed was made without consideration and was never delivered to said Nagle or accepted bykhim, but that John…
2Cases cited7 opinions
- Meyer v. HopeWisconsin Supreme Court · 1898
- Stevens v. WhitcombSupreme Court of Vermont · 1844
- Chatham v. . LansfordSupreme Court of North Carolina · 1908
- Brown v. BrownSupreme Court of Missouri · 1891
- Doty v. ConeSupreme Court of Kansas · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hood v. DennyMissouri Court of Appeals · 1977