Hubbard v. Swofford Brothers Dry Goods Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Eon, W. L. Jarrott, Judge. (1) The deed should not have been admitted in evidence at all. It was a copy of the record. The proof of the inability to produce the original was insufficient. The record constituted no evidence because the acknowledgment was not authenticated under the seal of the City of Kansas.
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Appeal from Cass Circuit Court. — Eon, W. L. Jarrott, Judge. (1) The deed should not have been admitted in evidence at all. It was a copy of the record. The proof of the inability to produce the original was insufficient. The record constituted no evidence because the acknowledgment was not authenticated under the seal of the City of Kansas. Laws 1853, Approved Feb. 22, 1853, sec. 6, art. 3. (2) The deed was ineffective because it did not purport to be Hubbard’s deed at all and did not purport to be sealed with Hubbard’s seal. The deed would be wholly void at common law as Hubbard’s deed.…
1Opinion of the CourtCalliant, P. J.
Plaintiffs sue in ejectment for the possession of certain real estate in Kansas City. The trial resulted in a verdict for. the plaintiffs which the court on defendant’s motion set aside, and granted a new trial. From that order the plaintiffs have appealed.
Chester Hubbard, the father of the plaintiffs, was the common source of title. He lived in Kansas City from 1853 to 1857 when he moved to Iowa. While he lived in Kansas City he owned certain land in that city which he platted into city blocks and lots called Hubbard’s Addition. The lot in controversy in this suit was in that addition. He…
2Cases cited9 opinions
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- Macey v. StarkSupreme Court of Missouri · 1893
- Mitchner v. HolmesSupreme Court of Missouri · 1893
- Owen v. SwitzerSupreme Court of Missouri · 1873
- Turner v. TimberlakeSupreme Court of Missouri · 1873
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- Patton v. SheltonSupreme Court of Missouri · 1931
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- South Norwalk Lodge, No. 709 v. Palco Hats, Inc.Supreme Court of Connecticut · 1953
- Lewes Trust Co. v. GrindleSupreme Court of Delaware · 1961
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