Leavitt v. Taylor
Supreme Court of Missouri
Appeal from Gentry Circuit Oourt. — Hon. G. A. Anthony, Judge. (1) Tbe evidence was not sufficiently clear, cogent and convincing to overcome tbe certificate of acknowledgement of tbe notary public of tbe deed of trust.
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Appeal from Gentry Circuit Oourt. — Hon. G. A. Anthony, Judge. (1) Tbe evidence was not sufficiently clear, cogent and convincing to overcome tbe certificate of acknowledgement of tbe notary public of tbe deed of trust. Webb v. Webb, 87 Mo. 540; Eust v. Goff, 94 Mo. 511; Comings v. Leedy, 114 Mo. 454. (2) But even if tbe evidence justified the cancellation of tbe deed of trust because not properly acknowledged, tbe court erred in cancelling tbe note, (a) There was no evidence whatever tending to prove either fraud or failure of consideration as to tbe defendant L. W. Taylor. He himself…
1Opinion of the CourtBurgess, J.
This is ejectment for the possession of a farm containing about one hundred and eight acres of land in Gentry county. The petition is in the usual form:
The defendants, though husband and wife, answered separately. In both answers, however, it is admitted that Mrs. Taylor is in the possession of the land, but all other allegations in the petition are denied. The answer of Mrs. Taylor then alleges that she is a married woman, having been married to her co-defendant on the eighth day of April, 1870; that she is the owner in fee of the land, having acquired title thereto by warranty deed on the…
2Cases cited7 opinions
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Blount v. SprattSupreme Court of Missouri · 1892
- Mayes v. RobinsonSupreme Court of Missouri · 1887
- Loewen v. ForseeSupreme Court of Missouri · 1897
- South St. Joseph Land Co. v. BretzSupreme Court of Missouri · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Link v. JacksonMissouri Court of Appeals · 1911
- Patterson v. PattersonSupreme Court of Missouri · 1906
- Guinan v. DonnellSupreme Court of Missouri · 1907
10 more not listed; retrieve them via the Exa API.