Dail v. Moore
Supreme Court of Missouri
Appeal from Linn Common Pleas. The deed of trust from Moore to Stephens and Stephens’ deed to Dail were properly read in evidence, although the certificate of acknowledgment to the deed of trust may have been void. It was good without any acknowledgment as between the parties thereto. Its execution was not denied by appellant, therefore there was no necessity of proving it. As Stephens’ name is attached to the deed, it is prima facie his deed.
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Appeal from Linn Common Pleas. The deed of trust from Moore to Stephens and Stephens’ deed to Dail were properly read in evidence, although the certificate of acknowledgment to the deed of trust may have been void. It was good without any acknowledgment as between the parties thereto. Its execution was not denied by appellant, therefore there was no necessity of proving it. As Stephens’ name is attached to the deed, it is prima facie his deed. (Caldwell vs. Head, 17 Mo., 562 ; Cooley vs. Rankin, 11 Mo., 612 ; 2 Greenl. Ev., § 300. )
1Opinion of the CourtSherwood, Judge
This was an action of ejectment in the Linn County Court of Common Pleas: The petition and answer were in the usual form.
At the trial the plaintiff Joseph O. Hail offered in evidence a deed of trust which purported to have been executed by William M. Moore the defendant, and to convey to- George W. Stephens as trustee, the land in controversy.
The defendant objected to this deed being read in evidence on two grounds : First, that the certificate of acknowledgment purported to have been made, and the execution' of the instrument acknowledged, before the grantee therein; and that the certificate…
2Cases cited1 opinion
- Stevens v. HamptonSupreme Court of Missouri · 1870
3Cited by9 opinions
- Ogden Building & Loan Ass'n v. MenschIllinois Supreme Court · 1902
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
- Hanson v. MetcalfSupreme Court of Minnesota · 1891
- Woolridge v. Lacrosse Lumber Co.Supreme Court of Missouri · 1921
- Black v. GreggSupreme Court of Missouri · 1875
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