Legal Opinion

McCune v. Hull

Supreme Court of Missouri

Decided March 15, 1857PublishedCited by 4 opinions

Appeal from St. Louis Land Court. The facts are set forth in the opinion of the court. I. The deed of the executor of Robert N. Moore did convey the land sued for.

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Appeal from St. Louis Land Court. The facts are set forth in the opinion of the court. I. The deed of the executor of Robert N. Moore did convey the land sued for. The deed is to be construed to refer to facts existing at the date of its execution, and the boundaries referred to, therefore, would be the boundaries existing at the date of the order and sale, and the survey for Laclede would therefore be the United States survey No. 1584, that being the “ land conveyed for Laclede” at that date. (Jones v. Johnston, 18 How. 150-6; Lamb v. Rickets, 11 Ohio, 811 ; Gi-raud’s Lessee v. Hughes, 1…

1Opinion of the CourtScott, Judge

Robert N. Moore died in 1849, having devised all his real estate to his wife Mary Ann. In September, 1850, his widow, Mary Ann Moore, intermarried with James M. Lyon. Hugh Garland was the executor of R. N. Moore, and as such procured a sale of real estate belonging to his testator. On the 17th November, 1851, James M. Lyon bid off the real estate thus sold. On the 29th March, 1852, by a deed duly recorded, Lyon, and his wife claiming as devisee, conveyed to Joseph S. Hull, one of the defendants, their interest in the lot in dispute. Lyon being unable to comply with the terms of the sale made…

2Cited by4 opinions

  1. Shewalter v. PirnerSupreme Court of Missouri · 1874
  2. Southern Iron & Steel Co. v. StowersSupreme Court of Alabama · 1914
  3. Adkins v. QuestMissouri Court of Appeals · 1899
  4. Simpson v. Wabash RailroadSupreme Court of Missouri · 1898

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