Harrington v. Fortner
Supreme Court of Missouri
Appeal from Adair Circuit Court. I. The plaintiffs have not the legal title. The judgment before the j ustice of Macon county was void. The admission of parol evidence, to show that the summons was returned by the deputy in the name of his principal, was error. The evidence shows that the return was made by the deputy in his own name, and so absolutely void. (1 Mo., 504; 5 Mo., 533; 7 Mo., 359; 8 Mo., 177; Samuels vs. Shelton, 48Mo., 444; McClure vs. Wells, 46 Mo., 311.) II.
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Appeal from Adair Circuit Court. I. The plaintiffs have not the legal title. The judgment before the j ustice of Macon county was void. The admission of parol evidence, to show that the summons was returned by the deputy in the name of his principal, was error. The evidence shows that the return was made by the deputy in his own name, and so absolutely void. (1 Mo., 504; 5 Mo., 533; 7 Mo., 359; 8 Mo., 177; Samuels vs. Shelton, 48Mo., 444; McClure vs. Wells, 46 Mo., 311.) II. The deed from Grlassbumer to Oliver did not pass the legal title. (Wagn. Stat., 273, § 7.) The case of Caldwell vs.…
1Opinion of the CourtSherwood, Judge
The plaintiffs, Harrington and Cover, brought the present action to recover possession of the south east quarter of section 22, township 62, of range 17, and the south west quarter of section 23, of the same township and range. Both parties claim title through the same common source, John Oliver, who entered the land, conveyed it to Glassburner, who, in 1859, not having paid the purchase money, re-conveyed the land to Oliver; but the deed to the latter, although duly recorded, was defectively acknowledged, by reason of the acknowledgment having been taken before a justice of the peace in Iowa.
2Cases cited3 opinions
- Caldwell v. HeadSupreme Court of Missouri · 1853
- Hubble v. VaughanSupreme Court of Missouri · 1868
- McClurg v. PhillipsSupreme Court of Missouri · 1874
3Cited by15 opinions
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Gross v. WattsSupreme Court of Missouri · 1907
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Pullis v. Pullis Bros. Iron Co.Supreme Court of Missouri · 1900
- Rivard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
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