Taylor v. Davis
Supreme Court of Missouri
' Error to Nodaway Circuit Court. — Hon. H. S-. Kelley, Judge. Plaintiff having contracted for the sale of his land to defendant, Davis, sent a deed properly executed and acknowledged to one Johnson with instructions to deliver the same to Davis, upon the execution by Davis of notes for the purchase money, with a deed of trust upon the land to secure the notes. Before receiving plaintiffs deed Davis sold the land to Shrigley.
Read the full summary
' Error to Nodaway Circuit Court. — Hon. H. S-. Kelley, Judge. Plaintiff having contracted for the sale of his land to defendant, Davis, sent a deed properly executed and acknowledged to one Johnson with instructions to deliver the same to Davis, upon the execution by Davis of notes for the purchase money, with a deed of trust upon the land to secure the notes. Before receiving plaintiffs deed Davis sold the land to Shrigley. The next day he went to Johnson’s house and asked to be allowed to have the deed in order to examine the record, but Johnson refused. On the following day Johnson left…
1Opinion of the CourtSherwood, C. J.
This case is too plain for any extended discussion, or the lengthy review of the authorities. There was no delivery of the deed, that instrument having been fraudulently obtained by Davis. Consequently, no title passed to Davis or those claiming under him. Thei’efore, judgment affirmed.
All concur.
2Cited by7 opinions
- Seibel v. HighamSupreme Court of Missouri · 1909
- State v. MatthewsSupreme Court of Kansas · 1890
- Hall v. HallSupreme Court of Missouri · 1891
- Morris v. DavisSupreme Court of Missouri · 1933
- Bunn v. StuartSupreme Court of Missouri · 1904
2 more not listed; retrieve them via the Exa API.