Briggs v. Henderson
Supreme Court of Missouri
Error to Audrain Circuit Court. I. The deed from Herrick to Eyler not having been properly acknowledged or proved, the act of the officer in recording it was without warrant of law, and the record was of no validity whatever ; it amounted to no more than any other copy of the deed by any other person. (Caldwell v. Head, 17 Mo. 362 ; Gamier v. Barry, 28 Mo. 438; Pattison v. Eagin et al., 38 Mo. 71-4; Phil.
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Error to Audrain Circuit Court. I. The deed from Herrick to Eyler not having been properly acknowledged or proved, the act of the officer in recording it was without warrant of law, and the record was of no validity whatever ; it amounted to no more than any other copy of the deed by any other person. (Caldwell v. Head, 17 Mo. 362 ; Gamier v. Barry, 28 Mo. 438; Pattison v. Eagin et al., 38 Mo. 71-4; Phil. Ev. 458 ; Kerns v. Swope, 2 Watts, 75 ; Pyle v. Moulding, 7 J. J. Marsh. 202; Garrison v. Hayden, 1 J. J. Marsh. 222.) “ A paper purporting to be the record of a deed, and not duly…
1Opinion of the CourtBliss, Judge
The adverse claims of both parties arise from the same deeds, which were the foundation of the several claims in Musick v. Barney, ante, p. 458. In the present case Eike, who purchased *533the interest of Herrick in sundry tracts of land, conveyed the land, in controversy to John J. Ely, his son-in-law, as a gift, and most of the plaintiffs are the heirs of Ely. The defendants, as in Musick v. Barney, hold through the lost deed from Herrick to Jared D. Eyler, executed March 7,1837, which embraced several tracts of land in the counties of Pike, Audrain and Ralls, which was acknowledged before a…
2Cases cited3 opinions
- Winn v. PattersonSupreme Court of the United States · 1835
- Garwood v. DennisSupreme Court of Pennsylvania · 1811
- Jackson ex dem. Montresor v. RiceNew York Supreme Court · 1829
3Cited by4 opinions
- Anderson v. VolmerSupreme Court of Missouri · 1884
- Hensgen v. MullallyMissouri Court of Appeals · 1886
- Kein v. School DistrictMissouri Court of Appeals · 1890
- Deutsche Bank National Trust Co. v. PyleMissouri Court of Appeals · 2017