Miller v. Merine
U.S. Circuit Court for the District of Western Missouri
At Law. This is an action of ejectment for the recovery of a valuable tract of Jaud now situated within the limits of Kansas City, Jackson county, Mo. The cause having boon submitted on stipulation to the court without the intervention of a jury, the court makes the following special finding of material facts: First. George W. Bryant is a’s to these" parties tho common source of title.
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At Law. This is an action of ejectment for the recovery of a valuable tract of Jaud now situated within the limits of Kansas City, Jackson county, Mo. The cause having boon submitted on stipulation to the court without the intervention of a jury, the court makes the following special finding of material facts: First. George W. Bryant is a’s to these" parties tho common source of title. On tho 21st day of April, 1870, Bryant was the owner in common with one H. F. Barr oí the one undivided half of the land in controversy. II. F. Barr having since conveyed his interest to the wife of the…
1Opinion of the Court
Philips, J.,
(after stating the facts as above.) The deed from Bryant to William IT. Barr, as between them, vested Bryant’s title in Barr. At common law, Homan took nothing by the grant to him, as Bryant had nothing then to convey: and Barr, being prior in time, would be prior in right. But the registry act of the state interposes and plays a-very important part in this contest. The statute in force at the time'of *264these transactions was the same as sections 2418-2420, Rev. St. Mo. 1889. Section 2418 requires that every instrument of writing conveying any real estate or affecting the same,…
2Cases cited16 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Mallow v. HindeSupreme Court of the United States · 1827
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Fallass v. PierceWisconsin Supreme Court · 1872
- Aubuchon v. BenderSupreme Court of Missouri · 1869
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