Alexander v. Merry
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. POINTS AND AuTHORITISS. 1. The deed from Janes to Loper was improperly admitted in evidence, it not having been sufficiently proved ; Rev. Code, 121, sections 14, 15, 16. There is a failure in the certificate to alledge the identity as the law requires; and also it is not stated that the clerk •personally knew the subscribing witness, &c. 2. The deed from Loper to Merry was improperly admitted in evidence, as it was not proved according…
Read the full summary
APPEAL from St. Louis Circuit Court. POINTS AND AuTHORITISS. 1. The deed from Janes to Loper was improperly admitted in evidence, it not having been sufficiently proved ; Rev. Code, 121, sections 14, 15, 16. There is a failure in the certificate to alledge the identity as the law requires; and also it is not stated that the clerk •personally knew the subscribing witness, &c. 2. The deed from Loper to Merry was improperly admitted in evidence, as it was not proved according to law; Rev. Code, 121. The certificate on this deed does not show that the witness proved any execution of it. He merely…
1Opinion of the CourtScott, J.
In July, 1842, Merry brought an action of ejectment against Betts for & lot of ground in the city of St. Louis, and at the return term of the writ, on' motion, B. W. Alexander was made a co-defendant. Merry obtained judgment, and Betts and Alexander appealed to this court.
Merry claimed title through Joseph Janes, whose ownership was the sousce of .title to both parties in the cause. By a deed made the 16th Doc., 1835, Janes conveyed all his interest in the lot to James Loper. This deed recited the fact that the lot thereby conveyed, had been sold under the redemption law to A. Gamble, Book M,…
2Cases cited3 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- McGowen v. WestSupreme Court of Missouri · 1842
- Shaller v. BrandSupreme Court of Pennsylvania · 1814
3Cited by8 opinions
- Jacoway v. GaultSupreme Court of Arkansas · 1859
- Strain v. MurphySupreme Court of Missouri · 1872
- Wilson v. QuigleySupreme Court of Missouri · 1891
- Cabell v. GrubbsSupreme Court of Missouri · 1871
- Donohoe v. VealSupreme Court of Missouri · 1854
3 more not listed; retrieve them via the Exa API.