Vaughn v. Tracy
Supreme Court of Missouri
Error to Osage Circuit Court. This was a suit for the possession of, and to obtain the legal title to, a tract of one acre of ground upon which was a horse grist-mill.
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Error to Osage Circuit Court. This was a suit for the possession of, and to obtain the legal title to, a tract of one acre of ground upon which was a horse grist-mill. The plaintiff introduced in evidence an instrument under seal, being articles of agreement between himself and one W. R. Huckstep, dated March 3, 1845. By this instrument Huckstep engaged to convey to Vaughn a tract of eighty acres of land; and it was recited therein that one acre of the tract, “ whereon the mill now stands,” had been previously sold by Huckstep to Vaughn for sixty dollars. This instrument was not acknowledged,…
1Opinion of the CourtLeonard, Judge
When this case was here before, (22 Mo. 417,) we remarked that we all concurred in reversing the judgment on the ground that “ possession was not, as the circuit court seemed to suppose, as a mere matter of law, actual notice within the meaning of the recording actsand we then observed that we deferred, until all the circumstances of the transaction should be fully developed in a new trial, our opinion on the question “ how far and under what circumstances the fact of open and notorious possession and apparent ownership of real property was to be considered evidence of actual notice.” A…
2Cited by12 opinions
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- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Drey v. DoyleSupreme Court of Missouri · 1889
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