Holton v. Towner
Supreme Court of Missouri
Appeal from Linn Circuit Court.—Hon. S. P. Huston, Special Judge. The court erred in admitting in evidence the deed of John S. G-. Burt from "William W. Gitt; said deed was not the act and deed of Joseph Jay by Gitt, as attorney in fact, but it is the deed of Gitt.
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Appeal from Linn Circuit Court.—Hon. S. P. Huston, Special Judge. The court erred in admitting in evidence the deed of John S. G-. Burt from "William W. Gitt; said deed was not the act and deed of Joseph Jay by Gitt, as attorney in fact, but it is the deed of Gitt. Story on Agency, (5 Ed.) 148, and note; Fndsley v. Strode, 50 Mo. 508; Bobb v. Barnum, 59 Mo. 394. The application for and appointment of Frank L. Binford next friend to Thomas J. Holton during the progress of the trial, were irregular and unauthorized by law. The sheriff’s deed to defendant Towner, and the judgment offered in…
1Opinion of the CourtHough, C. J.
This is an action of ejectment to recover the possession of the northwest quarter of the southwest . quarter, and the south half of the southwest quarter of section 2, township 57, range 18, in Linn county. The petition is in the usual form. The answer contains, first a general denial, second, an allegation that one of the plaintiff's, Thos. J. Holton, is a minor, under the age of twenty-one years, and has no legal capacity to sue; and third, that the defendant, Towner, had acquired, by sheriff’s deed, the plaintiffs’ title to the land in question.
The plaintiffs introduced in evidence a…
2Cases cited6 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Fithian v. MonksSupreme Court of Missouri · 1869
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Lenox v. ClarkeSupreme Court of Missouri · 1873
- Brown v. BrownSupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
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- Padgett v. SmithSupreme Court of Missouri · 1907
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