Baker v. Underwood
Supreme Court of Missouri
Error to Carroll County Circuit Coitrt. cited Kennerly vs. Shepley, 15 Mo. 640 ; Keene vs. Barnes, 29 Mo. 337 ; 1 Greenl. Ev. p. 89 ; Laughlinvs. Stone, 5 Mo. 45. I. By analogy to State law regulating acknowledgments of sheriffs’ deeds, the marshal’s deed should have been acknowledged before the circuit court of the county in which the real estate was situated.
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Error to Carroll County Circuit Coitrt. cited Kennerly vs. Shepley, 15 Mo. 640 ; Keene vs. Barnes, 29 Mo. 337 ; 1 Greenl. Ev. p. 89 ; Laughlinvs. Stone, 5 Mo. 45. I. By analogy to State law regulating acknowledgments of sheriffs’ deeds, the marshal’s deed should have been acknowledged before the circuit court of the county in which the real estate was situated. (R. 0.18*25, p. 369, § 21.) If it should be held that the acknowledgment is regulated by the general law in regard to conveyances, then the certificate should state that the person acknowledging the deed was personally known to the…
1Opinion of the CourtNapton, Judge
This is an action of ejectment to recover the northwest quarter of the southeast quarter of section 22, T. 50, R. 21.
The titles of the plaintiff and defendant were based on the conceded title of Wm. Stokes in 1822, by patents from the United States. The land was military bounty land.
The plaintiffs, who are heirs of Peter Lindell, claim the land by virtue of a sale by the United States- marshal for the district of Missouri, under a judgment of the district court against John O’Fallon, executor of Stokes, and an execution and a deed from said marshal in 1825.
The defendants claim under a regular…
2Cases cited3 opinions
- M'Donald v. WaltonSupreme Court of Missouri · 1828
- Keene v. BarnesSupreme Court of Missouri · 1860
- Kennerly v. ShepleySupreme Court of Missouri · 1852
3Cited by2 opinions
- School Districts Numbered 18 v. YatesMissouri Court of Appeals · 1912
- State ex rel. Rainwater v. RossMissouri Court of Appeals · 1912