Legal Opinion

Finley v. Babb

Supreme Court of Missouri

Decided March 18, 1903PublishedCited by 4 opinions

Appeal from Scott Circuit Court. — No». Henry G. Riley, Judge. (1) The deed of trust dated September 20, 1892, signed by L. Kirkpatrick and purporting to be signed by Missouri Kirkpatrick, is absolutely void and conveyed no title at all to plaintiff. Finley v. Babb, 144 Mo*. 403. This conveyance did not even impart notice to purchasers for value, because the acknowledgment was defective, being forged.

Read the full summary

Appeal from Scott Circuit Court. — No». Henry G. Riley, Judge. (1) The deed of trust dated September 20, 1892, signed by L. Kirkpatrick and purporting to be signed by Missouri Kirkpatrick, is absolutely void and conveyed no title at all to plaintiff. Finley v. Babb, 144 Mo*. 403. This conveyance did not even impart notice to purchasers for value, because the acknowledgment was defective, being forged. This forged trust deed was recorded September 27, 1892, and on October 20, 1892, less than one month afterwards, Missouri Kirkpatrick, Lank Kirkpatrick and Alice Kirkpatrick, his wife, executed…

1Opinion of the CourtMarshall, J.

Ejectment for the northwest quarter of the southwest quarter of section 33, township 27, range 15, in Scott county.- The petition is im the usual form, and the answer is a general denial. The plaintiff recovered in the circuit court and the defendants appealed.

This is the second time the controversy between these parties for this land has come before this court. The first case is Finley v. Babb, 144 Mo. 403. ' The-facts as they then appeared to this court are stated in the opinion to have been agreed to be as follows:. “Mrs. Missouri Kirkpatrick was. the owner of the-land in dispute. On…

2Cases cited9 opinions

  1. Godman v. SimmonsSupreme Court of Missouri · 1892
  2. Halsa v. HalsaSupreme Court of Missouri · 1843
  3. Caldwell v. HeadSupreme Court of Missouri · 1853
  4. Siemers v. KleeburgSupreme Court of Missouri · 1874
  5. Black v. GreggSupreme Court of Missouri · 1875

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Harris v. ReedIdaho Supreme Court · 1912
  2. Hatcher v. HallMissouri Court of Appeals · 1956
  3. Kelvinator St. Louis, Inc. v. SchaderMissouri Court of Appeals · 1931
  4. Monia v. OberleMissouri Court of Appeals · 1975

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API