Legal Opinion

Fifer v. McCarty

Supreme Court of Missouri

Decided May 31, 1912PublishedCited by 3 opinions

Appeal from Clark Circuit Court. — Eon. Charles D. Stewart, Judge. (1) The certificate of acknowledgment is not conclusive, and may be rebutted by other competent evidence. R. S. 1909, sec. 2820; Bohan v. Casey, 5 Mo. App. Ill; Ray v. Crouch, 10 Mo. App. 321; Riecke v. Westenhoff, 10 Mo. App. 358; Biggers v. Bldg. Co., 9 Mo. App. 210; Morrison v. McKee, 11 Mo. App. 594; Brooking v. Straat, 17 Mo.

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Appeal from Clark Circuit Court. — Eon. Charles D. Stewart, Judge. (1) The certificate of acknowledgment is not conclusive, and may be rebutted by other competent evidence. R. S. 1909, sec. 2820; Bohan v. Casey, 5 Mo. App. Ill; Ray v. Crouch, 10 Mo. App. 321; Riecke v. Westenhoff, 10 Mo. App. 358; Biggers v. Bldg. Co., 9 Mo. App. 210; Morrison v. McKee, 11 Mo. App. 594; Brooking v. Straat, 17 Mo. App. 296; Wannell v. Kem, 57 Mo. 480; Sharpe v. McPike, 62 Mo. 300; Steffen v. Bauer, 70 Mo. 399; Clark v.' Edwards, 75 Mo. 87; Help v. Mays, 79 Mo. 71; Drew v. Arnold, 85 Mo. 128; Webb v. Webb, 87…

1Opinion of the CourtGraves, P. J.

Action in equity to set aside a quitclaim deed to certain lands in Clark county on the ground that the name of plaintiff was forged thereto, and to set aside a subsequent deed made by the grantor in the alleged forged deed to defendant Hiller. The salient facts pleaded and proven fall within a comparatively small compass. The answers are (1) a general denial, (2) the ten and twenty-four year Statutes of Limitations, (3) laches and estoppel by laches.

Thomas J. Singleton,, formerly of Clark county, Missouri, was the father of plaintiff and the husband of defendant McCarty. In 1881 he died…

2Cases cited1 opinion

  1. Albright v. StevensonSupreme Court of Missouri · 1910

3Cited by3 opinions

  1. Exchange Bank of Kahoka, Missouri v. MorganCourt of Appeals for the Eighth Circuit · 1955
  2. Exchange Bank of Kahoka v. MorganCourt of Appeals for the Eighth Circuit · 1955
  3. Smith v. SmithMissouri Court of Appeals · 1915

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