Squires v. Kimball
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Row. A. R. Waller, Judge. Cl) The trial court erred in admitting in evidence, over plaintiff’s objections and exceptions, the quitclaim deed from Jas. "W. Green, to Margaret J. Kimball. This deed had never been recorded, not even at the time of the trial, and it was, therefore, no notice whatever to plaintiff.
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Appeal from Boone Circuit Court. — Row. A. R. Waller, Judge. Cl) The trial court erred in admitting in evidence, over plaintiff’s objections and exceptions, the quitclaim deed from Jas. "W. Green, to Margaret J. Kimball. This deed had never been recorded, not even at the time of the trial, and it was, therefore, no notice whatever to plaintiff. Plaintiff testified that he did not know1 of the existence of this deed; and there was no evidence to the contrary, neither was there the slightest circumstance tending to show that he knew of it. Under our statute and the decisions of this court, said…
1Opinion of the CourtFox, P. J.
This cause is now before this court upon appeal by the plaintiff from a judgment of the circuit court of Boone county in favor of defendants in an ejectment proceeding. The petition is in the usual form and need not be reproduced. This is a suit to recover possession of a small piece of ground, twenty feet east and west, by 150 feet north and south, and situated in the northeast quarter of the southwest quarter of section 15, township 51, range 11, in Boone county, Missouri. The case was tried before the judge of the circuit court of said county, sitting as a jury, and a verdict and judgment…
2Cases cited5 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Leavitt v. LaForceSupreme Court of Missouri · 1879
- Davis v. BriscoeSupreme Court of Missouri · 1883
- Myers v. SchuchmannSupreme Court of Missouri · 1904
- Desteiguer v. MartinSupreme Court of Missouri · 1901
3Cited by5 opinions
- Jones v. NicholsSupreme Court of Missouri · 1919
- Karsznia v. KelseySupreme Court of Missouri · 1953
- Ridenour v. DuncanSupreme Court of Missouri · 1956
- Callison v. Wabash Railway Co.Missouri Court of Appeals · 1925
- Swift v. BufordSupreme Court of Missouri · 1920