Crispen v. Hannavan
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. The admissibility of the deeds and records from Young to Morrison and from Morrison to Clay, must be determined by the rules of the common law as modified by statute. (1) Deeds are not admissible solely by reason of their ancient date. Crispen v. Hannavan, 50 Mo. 418; Green leaf Ev., (6 Ed.) § 142; Starkie Ev., (7 Am.
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Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. The admissibility of the deeds and records from Young to Morrison and from Morrison to Clay, must be determined by the rules of the common law as modified by statute. (1) Deeds are not admissible solely by reason of their ancient date. Crispen v. Hannavan, 50 Mo. 418; Green leaf Ev., (6 Ed.) § 142; Starkie Ev., (7 Am. Ed.) pp. 66, 67. (2) The common law does not permit secondary evidence of the contents of a deed to be given, by copy or otherwise, until it is shown that the original is lost or destroyed. It also requires proof…
1Opinion of the CourtHough, J.
This was an action of ejectment, for certain military bounty lands lying in Carroll county, which was tried in 1875. The plaintiff recovered judgment and defendants have appealed.
The plaintiff offered in evidence a patent from the United States to George Young for the land in question ; also an original deed for said land from George Young to James Morrison dated April 20th, 1819, with the certificate of record indorsed thereon, showing that it had been recorded in Howard county, Missouri Territory, on July 14th, 1819. This deed was acknowledged outside the State, but not as required by law,…
2Cited by8 opinions
- Plaster v. RigneyCourt of Appeals for the Eighth Circuit · 1899
- Reorganized Church of Jesus Christ of Latter-Day Saints v. Church of ChristU.S. Circuit Court for the District of Western Missouri · 1894
- Wells v. PressySupreme Court of Missouri · 1891
- Rigney v. PlasterU.S. Circuit Court for the District of Western Missouri · 1898
- Brown v. OldhamSupreme Court of Missouri · 1894
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