Caldwell v. Head
Supreme Court of Missouri
Appeal from Perry Circuit Court. The court erroneously took jurisdiction of tbe cause. Tire only relief the plaintiff could obtain was under the act concerning the perpetuation of testimony. Admitting that the decree was for the right party, the costs should have been adjudged against the plaintiff, for the reason that the proceedings were not instituted on account of any default of the defendant. 1 Madd.
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Appeal from Perry Circuit Court. The court erroneously took jurisdiction of tbe cause. Tire only relief the plaintiff could obtain was under the act concerning the perpetuation of testimony. Admitting that the decree was for the right party, the costs should have been adjudged against the plaintiff, for the reason that the proceedings were not instituted on account of any default of the defendant. 1 Madd. Ch. Pr. 185, 6, 7, 8, 9. The finding of the court that the deed had been delivered, is not warranted by the testimony. 1. There was ample proof of the execution and delivery of the deed. 2.…
1Opinion of the CourtScott, Judge
This was a proceeding by the respondent, Caldwell, against the heirs and widow of John Logan, in order to divest the title of certain real estate and pass it to the respondent; or, that a deed already made for the said estate be established, and that proof of the execution thereof be received for record, and that the same be recorded.
It appears that Logan signed and sealed a deed conveying the estate, but failed to acknowledge it, so that it could not be recorded. The deed was dated in January, 1849, and was without a subscribing witness.
*5631. TMs proceeding seems to be founded on a misconception…
2Cited by12 opinions
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- Harrington v. FortnerSupreme Court of Missouri · 1874
- Andrews v. CosticanMissouri Court of Appeals · 1888
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