Lawson's Administrator v. Chapman
Missouri Court of Appeals
Appeal from the DunJclin Circuit Court. — Hon.'John Gr. Wear, Judge. The omission of the name of a grantee in the deed executed and delivered by Lawson to Chapman does not render the deed void. Lawson authorized Chapman in the letter inclosing the deed to insert the name of a grantee in case he succeeded in selling, and he was thereby fully warranted in putting in the name of A. J. Yesey, the purchaser, as grantee. Field v. Stagg, 52 Mo. 534; Otis v. Browning, 59 Mo.
Read the full summary
Appeal from the DunJclin Circuit Court. — Hon.'John Gr. Wear, Judge. The omission of the name of a grantee in the deed executed and delivered by Lawson to Chapman does not render the deed void. Lawson authorized Chapman in the letter inclosing the deed to insert the name of a grantee in case he succeeded in selling, and he was thereby fully warranted in putting in the name of A. J. Yesey, the purchaser, as grantee. Field v. Stagg, 52 Mo. 534; Otis v. Browning, 59 Mo. App. 326; Brim v. Fleming, 135 Mo. 597. The deed was duly acknowledged, but the officer taking the acknowledgment, failed to…
1Opinion
ON MOTION EOR REHEARING.
BLAND, P. J.
*626estoppel. *625By a more critical examination of the transcript we discover that the deed from Chapman and wife does contain a clause whereby Chapman warrants the title to the premises conveyed to Yesey (including the Lawson lands).' A brief restatement of the salient facts in the record is a necessary predicate to an understanding of the conclusions reached. They are as follows: Lawson first verbally authorized Chapman to sell his lands. Afterwards, when informed *626by Chapman, that he was about to make a sale, Lawson made out a quitclaim deed to the lands leaving…
2Cases cited5 opinions
- Field v. StaggSupreme Court of Missouri · 1873
- Harrington v. FortnerSupreme Court of Missouri · 1874
- Brim v. FlemingSupreme Court of Missouri · 1896
- Wilson v. KimmelSupreme Court of Missouri · 1891
- Chandler v. BaileySupreme Court of Missouri · 1886