Coles v. Belford
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hoto. Guy D. Kirby, Judge. (1) A deed, regular on its face, with acknowledgment formally correct, found in possession of the grantee, is prima-facie valid, and the burden is upon plaintiffs to show its invalidity. R. S. 1909, sec. 2818; Bohan v. Casey, 5 Mo.
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Appeal from Greene Circuit Court. — Hoto. Guy D. Kirby, Judge. (1) A deed, regular on its face, with acknowledgment formally correct, found in possession of the grantee, is prima-facie valid, and the burden is upon plaintiffs to show its invalidity. R. S. 1909, sec. 2818; Bohan v. Casey, 5 Mo. App. 101; Harvey v.-Long, 260 Mo. 374; Elliott v. Sheppard, 179 Mo. 382.- (2) Before a deed prima-facie valid can be declared invalid, the evidence of its invalidity should be clear, satisfactory, and convincing, and there ■ should be a decided preponderance in favor of its invalidity. Barrett v. Davis,…
1Opinion of the CourtElder, J.
This is a suit in equity to set aside a deed executed by Carrie S. Phelps, now deceased, conveying certain real estate located in the City of Springfield, Missouri.
Plaintiffs H. S. Coles and B. F. Shafer are nephews of Mrs. Phelps, .and plaintiff Marie Porterfield is a niece. Defendants Anna Belford, Mary .Belford and George F. Belford are nieces and nephew, respectively of Mrs. Phelps, and the remaining defendants are her collateral heirs at law.
Mrs. Phelps had a sister, Mrs. Belford, the mother of defendants Anna, Mary and George F. Belford, and a brother, Frank D. Shafer, both of whom…
2Cases cited5 opinions
- Huey v. HueySupreme Court of Missouri · 1877
- Murphy v. GabbertSupreme Court of Missouri · 1902
- Scott v. ScottSupreme Court of Missouri · 1888
- Terry v. GloverSupreme Court of Missouri · 1911
- Griffin v. McIntoshSupreme Court of Missouri · 1903
3Cited by14 opinions
- Hood v. NicholCourt of Appeals of Kentucky (pre-1976) · 1930
- Blackiston v. RussellSupreme Court of Missouri · 1931
- Clark v. SkinnerSupreme Court of Missouri · 1934
- Ridenour v. DuncanSupreme Court of Missouri · 1952
- Coleman v. EastonTexas Commission of Appeals · 1923
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