Legal Opinion

Thummel v. Holden

Supreme Court of Missouri

Decided May 23, 1899PublishedCited by 9 opinions

Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The writing in of. the name of Foster, as grantee, whether by mistake or not, completed the document as a deed. Albright v. Albright, 36 N. W. 254. (2) And the erasure of the one name and the insertion of another ^eudered the deed void. Evans v. Foreman, 60 Mo. 449; Bank v. Ericke, 75 Mo. 178; Morrison v. Garth, 78 Mo. 434; Bank v. Armstrong, 62 Mo. 66; Miller v. Gilleland, 19 Pa.

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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The writing in of. the name of Foster, as grantee, whether by mistake or not, completed the document as a deed. Albright v. Albright, 36 N. W. 254. (2) And the erasure of the one name and the insertion of another ^eudered the deed void. Evans v. Foreman, 60 Mo. 449; Bank v. Ericke, 75 Mo. 178; Morrison v. Garth, 78 Mo. 434; Bank v. Armstrong, 62 Mo. 66; Miller v. Gilleland, 19 Pa. St. 119; Rammers v. White Sewing Machine Co., 23 Mo. App. 471; Hord v. Taubman, 79 Mo. 101. (3) If a mistake did occur by the insertion…

1Opinion of the CourtBrace, P. J.

This is an action in ejectment to recover a certain lot in block 2293 in the city of St. Louis, described by metes and bounds in the petition. The petition is in common form. Mary L. G. Thummel, the mother of the plaintiff, is the common source of title. Plaintiff claimed title by a quitclaim deed from her dated October 10,1894, and recorded October 16, 1894. The defendant claimed title under a warranty deed from her to George L. Taylor dated April 24, 1894, and recorded September 17, 1894, and by deed from said Taylor to himself dated September 12, 1894, and recorded October 30, 1894.

The…

2Cases cited5 opinions

  1. Field v. StaggSupreme Court of Missouri · 1873
  2. Flint v. Hutchinson Smoke Burner Co.Supreme Court of Missouri · 1892
  3. Farmers' Bank v. WorthingtonSupreme Court of Missouri · 1898
  4. Burnside v. WaymanSupreme Court of Missouri · 1872
  5. Otis v. BrowningMissouri Court of Appeals · 1894

3Cited by9 opinions

  1. Ridenour v. DuncanSupreme Court of Missouri · 1952
  2. Burk v. JohnsonCourt of Appeals for the Eighth Circuit · 1906
  3. Edmonson v. WaterstonSupreme Court of Missouri · 1938
  4. Scheer v. StolzNew Mexico Supreme Court · 1937
  5. State v. MarionSupreme Court of Missouri · 1911

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