McElhinney v. Kraus
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County, Edwards, J. It is error to admit in evidence & conveyance in which the description of the property is so indefinite and uncertain as to render it void. — Vasques v. Richardson, .19 Mo. 96; Bell v. Dawson, 32 Mo. 79 ; Holme v. Strautman, 35 Mo. 293 ; Hardy v. Mathews, 38 Mo. 121; Campbell v. Johnson, 44 Mo. 247. Plaintiff claiming title under Reuben S. Bacon’s heirs, cannot question or impeach the decree rendered against them…
Read the full summary
Appeal from the Circuit Court of St. Louis County, Edwards, J. It is error to admit in evidence & conveyance in which the description of the property is so indefinite and uncertain as to render it void. — Vasques v. Richardson, .19 Mo. 96; Bell v. Dawson, 32 Mo. 79 ; Holme v. Strautman, 35 Mo. 293 ; Hardy v. Mathews, 38 Mo. 121; Campbell v. Johnson, 44 Mo. 247. Plaintiff claiming title under Reuben S. Bacon’s heirs, cannot question or impeach the decree rendered against them in the St. Louis Land Court, in collateral proceeding, but would have to do so directly. — Freem. on Judg. 130; Freeman…
1Opinion of the CourtBakewell, J.
This is ejectment for one hundred and seventy acres of land, more or less, lying in the north-western corner of United *220States survey 1956, bounded north partly by United States survey 909, and partly by lands of John Kraus ; east by lot two of Angelrodt’s subdivision, formerly of Barth ; south by Duerak’s; and west by the boundary line of survey 1956. Elizabeth Bart man, the lessor of defendant, was made a co-defendant at her own instance. The answer is, not guilty, and the Statute of Limitations. It was stipulated that the premises are in survey 1956, reported by Bates on February 2, 1816,…
2Cases cited5 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Draper v. ShootSupreme Court of Missouri · 1857
- Turner v. HallSupreme Court of Missouri · 1875
- Long v. HigginbothamSupreme Court of Missouri · 1874
- Smith v. MadisonSupreme Court of Missouri · 1878