Vaughn v. Tracy
Supreme Court of Missouri
Error to Osage Circuit Court. This was an action to recover the. possession and obtain the legal title to one acre of ground upon which was a horse gristmill. At the trial before the court, without a jury, the plaintiff, Yaughn, read in evidence articles of agreement, under seal, between himself and William R. Huckstep, dated March 3, 1845, by which the latter obligated himself, upon the payment of a certain sum, to convey to the former eighty acres of land.
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Error to Osage Circuit Court. This was an action to recover the. possession and obtain the legal title to one acre of ground upon which was a horse gristmill. At the trial before the court, without a jury, the plaintiff, Yaughn, read in evidence articles of agreement, under seal, between himself and William R. Huckstep, dated March 3, 1845, by which the latter obligated himself, upon the payment of a certain sum, to convey to the former eighty acres of land. This agreement was not acknowledged, but was recorded on the 18th of September, 1846. It recited that one acre of the tract, “whereon…
1Opinion of the CourtLeonard, Judge
The question made by this case is, whether possession of real property under an unregistered déed, is actual notice to a subsequent purchaser, within the meaning of our registry acts.
In order that we may put a correct interpretation upon these words, it may not be improper to refer to the state of the law upon this subject when the act was passed. The words of the lawgiver tacitly refer to the circumstances by which he is surrounded, and we must read them in connection with those circumstances, in order to put a sensible construction upon them. After courts of equity had established their…
2Cases cited2 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Margoley v. CommonwealthCourt of Appeals of Kentucky · 1861
3Cited by17 opinions
- Dyer v. EldridgeIndiana Supreme Court · 1894
- Gross v. WattsSupreme Court of Missouri · 1907
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Drey v. DoyleSupreme Court of Missouri · 1889
- Meier v. BlumeSupreme Court of Missouri · 1883
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