Addis v. Graham
Supreme Court of Missouri
Appeal from Barton Circuit Court. — I-Ion. C. G. Burton, Judge. • * " ~ (1)- The court erred in permitting the old leaf, its photograph and the transcribed record’ to be introduced in evidence. Cliawoin r>. Wagner, 18 Mo. 531; Tome Parkersburg Ry., 39 Md. 36. (2) The court erred-in admitting in evidence the transcribed record of the deed from Wamsley to Bennett. A deed defectively acknowledged cannot be read in evidence until there is some proof that a deed once existed.
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Appeal from Barton Circuit Court. — I-Ion. C. G. Burton, Judge. • * " ~ (1)- The court erred in permitting the old leaf, its photograph and the transcribed record’ to be introduced in evidence. Cliawoin r>. Wagner, 18 Mo. 531; Tome Parkersburg Ry., 39 Md. 36. (2) The court erred-in admitting in evidence the transcribed record of the deed from Wamsley to Bennett. A deed defectively acknowledged cannot be read in evidence until there is some proof that a deed once existed. R. S., sec. 679; Harden ». Lee, 51 Mo. 241; Atwell r>. Lynch, 39 Mo. 519 ; Hamshire v. Ployd, 39 Tex. 103. (3) The court…
1Opinion of the Court
Black, J,
This action of ejectment was commenced in 1882. In 1857, Pinson entered some four sections of land in Barton county and received patents therefor. The eighty acre track in question is a part *200thereof. Plaintiffs claim title by virtue of a deed from Pinson and wife to Wamsley made on first of February, 1859, conveying these Barton county lands, and a deed froni Wamsley to Brummett dated November 2, 1860 ; they also claim through six or seven other deeds about which no question is made here. Mr. Burkhart testified that he had been in the recorder’s office of that county since 1868 ;…
2Cases cited3 opinions
- Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
- Norfleet v. RussellSupreme Court of Missouri · 1876
- Nims v. JohnsonCalifornia Supreme Court · 1857
3Cited by5 opinions
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- Hammond v. JohnstonSupreme Court of Missouri · 1887
- State ex rel. Thomas v. WilliamsSupreme Court of Missouri · 1889
- Davis v. SeyboldCourt of Appeals for the Fourth Circuit · 1912
- Williams v. ButterfieldSupreme Court of Missouri · 1908