Gaines v. Fender
Supreme Court of Missouri
Error to Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The lower court erred in admitting as evidence the copy of Morrison’s will, and in holding the same sufficient to convey or dispose of the land in question. (2)'The court also erred in admitting in evidence the deed of Henry Clay to Beckett. A foreign executor as such cannot convey lands in Missouri.
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Error to Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The lower court erred in admitting as evidence the copy of Morrison’s will, and in holding the same sufficient to convey or dispose of the land in question. (2)'The court also erred in admitting in evidence the deed of Henry Clay to Beckett. A foreign executor as such cannot convey lands in Missouri. Cabanne v. Skinker, 56 Mo. 367; McCarty v. Mali, 13 Mo. 480. The power given to Clay and Wickliff' was accompanied by a personal trust and confidence, and the two should have joined in the conveyance. Cole v.Wade, 16 Yes. 27; Tainter…
1Opinion of the Court
Ewing, C.
On. the 29th day of February, 1872, plaintiff commenced an action in ejectment in the circuit court of Linn county, afterwards transferred to Macon, to recover possession of the northwest quarter of the northeast quarter of section 36, township 57, range 21. The defendant denied all the allegations of the petition, except that he was in possession, and claimed ownership and title.
The plaintiff offered in evidence :
1. A copy of a patent from the United States tO' James Tower, dated the 6th of March, 1819, for the whole1 quarter section, being military bounty laud.
2. Certified copy of…
2Cases cited18 opinions
- Abbott v. LindenbowerSupreme Court of Missouri · 1868
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Lyon v. TallmadgeCourt for the Trial of Impeachments and Correction of Errors · 1817
- State ex rel. Watts v. BoonSupreme Court of Missouri · 1869
- Cowen v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1871
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Minor v. BurtonSupreme Court of Missouri · 1910
- State ex rel. Hartley v. InnesMissouri Court of Appeals · 1909
- Jordan v. DavisSupreme Court of Missouri · 1903
- Griffith v. Kansas City Material & Construction Co.Missouri Court of Appeals · 1891
- Green's Bank v. WickhamMissouri Court of Appeals · 1886
21 more not listed; retrieve them via the Exa API.