Huff v. Morton
Supreme Court of Missouri
Error to Johnson Circuit Court. — Plots. N. M. Gtvan, Judge. (1) The court erred in admitting in evidence the second deed offered by plaintiff. Boothroyd v. Engles, 23 Mich. 19. (2) Plaintiff’s title is fatally defective in not showing a conveyance from Divers to Snelling. 1 Whar.
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Error to Johnson Circuit Court. — Plots. N. M. Gtvan, Judge. (1) The court erred in admitting in evidence the second deed offered by plaintiff. Boothroyd v. Engles, 23 Mich. 19. (2) Plaintiff’s title is fatally defective in not showing a conveyance from Divers to Snelling. 1 Whar. Evid., sec. 90. Plaintiff should have shown that the deed was not recorded, and that he, therefore, could not produce the record of the deed, before being allowed to introduce oral proof as to same. A plaintiff in ejectment cannot recover on the weakness of defendant’s title, but must rely on the strength of…
1Opinion of the CourtBrace, J.
A statement of this case, which is now before this court for the second time, will be found in the former opinion rendered at the October term, 1884. *408Huff v. Morton, 83 Mo. 399. The only new feature presented in this record results from the introduction by the defendants, on the retrial, of a deed of trust from M. W. Foster to Wallace Pratt, trustee, dated December 20, 1872, and a deed from said trustee to' defendant, The Northwestern Mutual Insurance Company, lessor of its co-defendant, Morton, dated August 2, 1874. The introduction of these deeds and claim of title under them by defendants…
2Cases cited5 opinions
- Miller v. HardinSupreme Court of Missouri · 1877
- Smith v. LindseySupreme Court of Missouri · 1886
- Hicks v. EllisSupreme Court of Missouri · 1877
- Huff v. MortonSupreme Court of Missouri · 1884
- Wood v. MesserlySupreme Court of Missouri · 1870
3Cited by3 opinions
- Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
- City of Aurora ex rel. Williams v. LindsaySupreme Court of Missouri · 1898
- Wayland v. Kansas CitySupreme Court of Missouri · 1928