Joeckel v. Easton
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. Statement of the Case. This was an action of ejectment to recover a parcel of land near the city of St. Louis, brought by the defendant against the plaintiff in error, in. which judgment was rendered in favor of the plaintiff below, to reverse which this writ of error is prosecuted.
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ERROR to St. Louis Circuit Court. Statement of the Case. This was an action of ejectment to recover a parcel of land near the city of St. Louis, brought by the defendant against the plaintiff in error, in. which judgment was rendered in favor of the plaintiff below, to reverse which this writ of error is prosecuted. By the documents given in evidence on the part of the plaintiff below, it appears that a person whose name is given as “ J. Smith” claimed lots numbered 9 and 10 in the town of Little Prairie, New Madrid county, before the hoard of commissioners, and on the 9th July, 1811, the…
1Opinion of the CourtScott, J.
The question in this case turns on the effect of the recital in the deed from James Smith to Lewis and Day, under whom the defendant claims. There is no doubt of the correctness of the proposition of the plaintiff, that a recital in a deed of a fact will generally conclude both the grantor and his privies, whether in blood, or in estate, or in law, and this whether the deed be indented, or a deed poll. The acceptance of a deed will create an estoppel against the grantee and those claiming under him. Such estoppels are founded on principles of legal policy, and this would seem to be the test…
2Cited by5 opinions
- Clark v. SayersWest Virginia Supreme Court · 1904
- Cutter v. WaddinghamSupreme Court of Missouri · 1862
- Diel v. StegnerMissouri Court of Appeals · 1894
- Sutton v. CasselleggiMissouri Court of Appeals · 1878
- Eaker v. HarveyMissouri Court of Appeals · 1915