Riley v. O'Kelly
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Eon. Robert Q. ° Ranney, Special Judge. (1) The court erred in rejecting competent evidence offered by defendants. The defendant H. H. O’Kelly offered a warranty deed to the land in controversy, made to him on the 26th day of January, 1909, by one John J. Cormack, consideration $500; duly acknowledged and recorded.
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Appeal from Pemiscot Circuit Court. — Eon. Robert Q. ° Ranney, Special Judge. (1) The court erred in rejecting competent evidence offered by defendants. The defendant H. H. O’Kelly offered a warranty deed to the land in controversy, made to him on the 26th day of January, 1909, by one John J. Cormack, consideration $500; duly acknowledged and recorded. Of course, since plaintiff showed no title, the demurrer ought to have been sustained and judgment rendered for the defendants, or at least plaintiffs’ case dismissed, but the defendant had a right to show that he was a bona-fide claimant to…
1Opinion of the Court
OPINION.
BOND, J.
(after stating the facts as above).
Common Source of Title. I. The learned counsel for appellants concede in their brief that the title to the land in suit was well vested in Pemiscot county. They are justified in this admission because the record shows this was accomplished as provided by law and that a formal patent, regular m all respects from the State to the county was introduced in evidence. But they insist that there is no adequate proof in the record that the county ever parted with its title to John Cormack or John Q. Cormack, the ancestor under whom the plaintiffs…
2Cases cited10 opinions
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Knorpp v. WagnerSupreme Court of Missouri · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. McGeeSupreme Court of Missouri · 1935
- Atlantic Richfield Co. v. State Ex Rel. Wildlife Conservation CommissionSupreme Court of Oklahoma · 1983
- Simpson v. WellsSupreme Court of Missouri · 1922
- Cox v. BondurantMissouri Court of Appeals · 1925
- White v. WilksSupreme Court of Missouri · 1962
15 more not listed; retrieve them via the Exa API.