Legal Opinion

Gatewood v. Hart

Supreme Court of Missouri

Decided October 15, 1874PublishedCited by 8 opinions

•Appeal from Montgomery Circuit Court. I. It is the settled law that a purchaser for value, without notice of a deed previously made but acknowledged before a justice of the peace of a county different from the one where the land lies, obtains the title as against such deed'; also, that the record of such deed as to all purchasers prior to 1847, is a nullity and imparts no notice.

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•Appeal from Montgomery Circuit Court. I. It is the settled law that a purchaser for value, without notice of a deed previously made but acknowledged before a justice of the peace of a county different from the one where the land lies, obtains the title as against such deed'; also, that the record of such deed as to all purchasers prior to 1847, is a nullity and imparts no notice. (Bishop vs. Schneider, 46 Mo., 472-479, et seq.; Stevens vs. Hampton, 46 Mo., 404; Ryan vs. Carr, 46 Mo., 483 ; Musick vs. Barney, 49 Mo., 458 ; Briggs vs. Henderson, 49 Mo., 531-536.) II. The act of 2nd Feb. 1847…

1Opinion of the CourtSherwood, Judge

Action of ejectment for the west half of the north-east quarter of section 14, in township 50, of range 6 west, situate in Montgomery County. The answer admitted possession of the land sued for, but denied the other allegations of the petition;

The cause was tried on the following agreed statement of facts: “That one Isaac Y. Herrick was the patentee of the land in controversy, and in March, 1837, conveyed the land situ*263ated in Montgomery County, Missouri, along with other lands situated in Balls, Audrain and Pike Counties, to one J. D., Fyler, by a deed acknowledged before a justice of…

2Cases cited2 opinions

  1. Bishop v. SchneiderSupreme Court of Missouri · 1870
  2. Allen v. MossSupreme Court of Missouri · 1858

3Cited by8 opinions

  1. Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
  2. Hatcher v. HallMissouri Court of Appeals · 1956
  3. Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
  4. Plaster v. RigneyCourt of Appeals for the Eighth Circuit · 1899
  5. German American Bank v. Carondelet Real Estate Co.Supreme Court of Missouri · 1899

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