McClure v. McClurg
Supreme Court of Missouri
Appeal from Greene Gireuit Court. relied on Allen vs. King, 35 Mo-, 216; Scruggs vs. Scruggs, 41 Mo., 242; Ryan vs. Can’, 46 Mo., 483 ; Adams vs. Buchanan, 49 Mo., 64; Payne vs. Collier, 6 Mo., 321. I. This acknowledgment was taken, according to its terms, before “ the Judge of the Greene Circuit Court ” and not before the court itself, as is required. (W. S., 612, §§ 55, 56.) II.
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Appeal from Greene Gireuit Court. relied on Allen vs. King, 35 Mo-, 216; Scruggs vs. Scruggs, 41 Mo., 242; Ryan vs. Can’, 46 Mo., 483 ; Adams vs. Buchanan, 49 Mo., 64; Payne vs. Collier, 6 Mo., 321. I. This acknowledgment was taken, according to its terms, before “ the Judge of the Greene Circuit Court ” and not before the court itself, as is required. (W. S., 612, §§ 55, 56.) II. The record of acknowledgment made by the Circuit Clerk cannot be introduced to sustain the deed. (Samuels vs. Shelton, 48 Mo., 444; Allen vs. King, 35 Mo., 225; Scruggs vs. Scruggs, 41 Mo., 242; Ryan vs. Carr, . 46…
1Opinion of the CourtSherwood, Judge
Action of ejectment brought in the Greene Circuit Court by Charles McClure against J. W. McClurg. Petition and answer in usual form.
Both parties claim under John Thurman, as the common source of title. The plaintiff read in evidence a deed from Thurman to Samuel Prophet, dated July 17th, 1867, for the land in controversy, and also a deed for the same land, from Prophet to the plaintiff.
The defendant offered to read in evidence a deed to him*174gelf for the land sued for from the Sheriff of Greene county, dated September 1st, 1863, reciting a judgment recovered against Thurman, the common source…
2Cases cited1 opinion
- Samuels v. SheltonSupreme Court of Missouri · 1871
3Cited by22 opinions
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- Forrester v. Reliable Transfer Co.Washington Supreme Court · 1910
- Hatcher v. HallMissouri Court of Appeals · 1956
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