Simms v. Thompson
Supreme Court of Missouri
Appeal from Carroll Circuit Court.—Hon. Ralph Hughes, Judge. (1) The trial court erred in ignoring- and failing to find that the probated and recorded will of Minitree Catron, in Lafayette County was a link in the chain of title to the lands in controversy, and was notice thereof to the whole world.
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Appeal from Carroll Circuit Court.—Hon. Ralph Hughes, Judge. (1) The trial court erred in ignoring- and failing to find that the probated and recorded will of Minitree Catron, in Lafayette County was a link in the chain of title to the lands in controversy, and was notice thereof to the whole world. The will of Catron, the patent owner of the lands in controversy, who was at his death a resident of Lafayette County, duly proved in the probate court of said county and recorded in a record book kept in said court for the purpose of recording last wills and testaments, was an adjudication in…
1Opinion
ON MOTION FOR REHEARING.
HIGBEE, J.
I. Appellants suggest that we have inconsistently quoted from the bill of exceptions after holding that, in the absence of a motion for new trial, it could not be considered. We said, in substance, that although appellants had lived in an adjoining county all Bill of Exceptions. these years, that is, from 1867, yet they had never visited the lands. This, we think, is a fair deduction from respondents' answer to appellants’ motion. The court found that the averments therein were true and this was not questioned at the argument. This fact had no influence in…
2Cases cited3 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Tooker v. LeakeSupreme Court of Missouri · 1898
- Wolf v. BrownSupreme Court of Missouri · 1898