Lane v. Lane
Supreme Court of Missouri
Appeal from St. Glair Circuit Court. — Hon. D. P. Stratton, Judge. (1) Where a written document which becomes material as an instrument of evidence is lost or destroyed, its absence must be satisfactorily accounted for before secondary evidence of its contents will be. admitted.
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Appeal from St. Glair Circuit Court. — Hon. D. P. Stratton, Judge. (1) Where a written document which becomes material as an instrument of evidence is lost or destroyed, its absence must be satisfactorily accounted for before secondary evidence of its contents will be. admitted. The former existence, due execution, sealing, delivery, stamping (if any statute requires a .stamp) and loss of such paper must be shown. 13 American & English Encyclopedia of Law, p. 1088. (2) The existence of a lost deed is not shown by the statement of fact that one was made; the manner of its execution must appear…
1Opinion of the CourtGrANTT, P. J.
This is a proceeding by Mary A. Lane, the widow of James A. Lane, deceased, under article 4, chapter 159, of the Revised Statutes of 1889, *507.to have the circuit court of St. Clair county hear the evidence and declare the effect of a certain deed which she alleges said James A. Lane executed and delivered to her in the month of September, 1885, whereby he conveyed to her the south half of the southwest quarter of section twelve (12) in township 39 of range 26 in St. Clair county, Missouri, which said deed she alleges has since been destroyed.
Upon their own motion the defendants, the heirs at…
2Cases cited1 opinion
- Anthony v. BealSupreme Court of Missouri · 1892
3Cited by6 opinions
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Gate City National Bank v. BoyerMissouri Court of Appeals · 1912
- Adolf v. BrownMissouri Court of Appeals · 1923
- Robertson v. Robertson's Admr.Court of Appeals of Kentucky · 1919
- Thomas v. ScottSupreme Court of Missouri · 1908
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