Gipson v. Owens
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Eon. W. 8. G. Walker, Judge. (1) Legal adoption eonld only be procured by following the law as it existed, in 1871, which required a deed duly acknowledged, and recorded in the county of! the residence of the adopter; therefore, plaintiffs must allege the execution, acknowledgment and recording of the deed and that it was recorded in Dunklin County, Missouri, and having failed their petition states no cause of action, (a) This objection…
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Appeal from Dunklin Circuit Court. — Eon. W. 8. G. Walker, Judge. (1) Legal adoption eonld only be procured by following the law as it existed, in 1871, which required a deed duly acknowledged, and recorded in the county of! the residence of the adopter; therefore, plaintiffs must allege the execution, acknowledgment and recording of the deed and that it was recorded in Dunklin County, Missouri, and having failed their petition states no cause of action, (a) This objection may be raised for the first time in the Supreme Court. Paddock v. Somes, 102 Mo. 226; Hudson v. Cahoon, 193 Mo. 547;…
1Opinion of the CourtGoode, J.
This action was filed to have partitioned the west half of the northwest quarter of Section Thirteen, and twenty-five acres a part of the east half of the east half of the northeast quarter of Section Fourteen, all in Township- Twenty, north, Range Nine, east, and -containing 105 acres. So the description reads' in the petition and in the decree.
Plaintiffs are the only children and. heirs of Jasper Gipson, who died in 1895, intestate. Elizabeth Dillender, one of the plaintiffs, is a married woman, hut the first name of her husband is not shown in the record.
The defendant Nellie Owens is the…
2Cases cited12 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Thompson v. ThompsonIndiana Supreme Court · 1857
- Kinney v. MurraySupreme Court of Missouri · 1902
- Kennedy v. BorahIllinois Supreme Court · 1907
- Sarazin v. Union RailroadSupreme Court of Missouri · 1900
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3Cited by4 opinions
- Niehaus v. MaddenSupreme Court of Missouri · 1941
- Benjamin v. CronanSupreme Court of Missouri · 1936
- Keller v. Lewis CountySupreme Court of Missouri · 1939
- Wohlgemuth v. BrowningMissouri Court of Appeals · 1964