Legal Opinion

Mason v. Black

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 26 opinions

Appeal from Daviess Circuit Court. — Hon. John CU Howell, Judge. (1) When title to real estate has been vested in a-grantee by a deed which has been lost or destroyed without being recorded, equity will establish the title in the grantee. Wright v. Christy, 39 Mo. 125 ; Wynnv,Cox, 43 Mo. 304. (2) A quit-claim deed passes only' such title as the grantor has. May v. LeClare, 11 Wall.

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Appeal from Daviess Circuit Court. — Hon. John CU Howell, Judge. (1) When title to real estate has been vested in a-grantee by a deed which has been lost or destroyed without being recorded, equity will establish the title in the grantee. Wright v. Christy, 39 Mo. 125 ; Wynnv,Cox, 43 Mo. 304. (2) A quit-claim deed passes only' such title as the grantor has. May v. LeClare, 11 Wall. (U. S.) 217; Ridgway v. Holliday, 59 Mo. 444 Stivers v. Horn, 62 Mo. 473 ; Mann v. Best, 62 Mo. 491. (3) The law imputes to a purchaser a knowledge of all facts relating to the same land, appearing at the time of'…

1Opinion of the Court

Ewing, C.

This was an action instituted on the twentieth day of August, 1879, by the plaintiffs as the sole heirs at law of William B. Mason, Sr., deceased, to divest the defendant of the title to the lands in controversy, and vest such title in plaintiffs. The substantial allegations of the bill are:

“That on the sixteenth day of July, 1856, plaintiffs’ ancestor appointed one Gleo. W. Cauthorn, as his ;agent to enter and purchase Missouri lands for ,him, and entrusted to his said agent large sums of money for that purpose; that on the day last mentioned, said Cauthorn, ‘ with, some of the…

2Cases cited21 opinions

  1. Brush v. WareSupreme Court of the United States · 1841
  2. Yates v. HoustonTexas Supreme Court · 1848
  3. Peirsoll v. ElliottSupreme Court of the United States · 1832
  4. Orrick v. DurhamSupreme Court of Missouri · 1883
  5. Newham v. KentonSupreme Court of Missouri · 1883

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

3Cited by26 opinions

  1. Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
  2. Foree v. StubbsNebraska Supreme Court · 1894
  3. Graves v. EwartSupreme Court of Missouri · 1889
  4. Morris v. HanssenSupreme Court of Missouri · 1934
  5. Hatcher v. HallMissouri Court of Appeals · 1956

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

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