Baker v. Clay
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Jambs M. Sandusky, Judge. This action is in ejectment. The conflicting titles to the land in dispute run back to Henry B. Baker as the common source.
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Appeal from Clinton Circuit Court. — Hon. Jambs M. Sandusky, Judge. This action is in ejectment. The conflicting titles to the land in dispute run back to Henry B. Baker as the common source. Plaintiff claims under a deed of trust of March 24, 1873, by Henry B. Baker, to the trustees of the St. Joseph Building Association in which the land conveyed is thus described, viz.: ‘ ‘ The west half of the northwest quarter of section 36; the west half of the southwest quarter of section 36; the east half of the southeast quarter of section. 35, except forty acres off the south side of the two…
1Opinion of the CourtBarclay, J.
It is conceded that plaintiff’s title must prevail if the description in the deed of trust is good and sufficient in the circumstances to impart notice to subsequent innocent purchasers.
No question is made as to its proper acknowledgment or timely record. The attack upon it goes on the theory that the subject-matter of the conveyance is insufficiently described.
' The form of the description follows the well-known subdivisions of the congressional surveys mentioned. Some two hundred and forty superficial acres are embraced within it. The grantor had previously set apart a portion (amounting to…
2Cases cited2 opinions
- Campbell v. JohnsonSupreme Court of Missouri · 1869
- Ware v. JohnsonSupreme Court of Missouri · 1877
3Cited by8 opinions
- Union National Bank v. LyonsSupreme Court of Missouri · 1909
- Hendricks v. VivionMissouri Court of Appeals · 1906
- Cantrell v. McDonaldSupreme Court of Missouri · 1967
- Clay v. MayerSupreme Court of Missouri · 1904
- First National Bank v. Northwestern Trust Co.Supreme Court of Minnesota · 1930
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