McKinney v. Settles
Supreme Court of Missouri
Appeal from Si.. Louis Circuit Court. This was an ejectment originally instituted in Lincoln county, September, 1846, but afterwards removed, by change of venue, to St. Louis circuit court.
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Appeal from Si.. Louis Circuit Court. This was an ejectment originally instituted in Lincoln county, September, 1846, but afterwards removed, by change of venue, to St. Louis circuit court. The appellant, who was the plaintiff below, claimed title under the following instrument of writing or deed, to wit: “Know all men by these presents, that I, John McKinney, of Bourbon county, Kentucky, do also hereby sign over to my well beloved son, James Harvey McKinney, all my right, title, claim, interest, and demand of, in, and to a certain tract of land, containing three hundred and fifty arpens…
1Opinion of the CourtBates, Judge
It is difficult to determine what was intended by the maker of the instrument under which the plaintiff claimed title. In the memorandum attached to the instrument, and signed by John McKinney, it is called a codicil or supplement to his last will and testament, whilst in the certificate of acknowledgment the whole are called “ the foregoing deeds of gift.” It may not be necessary to define what is the character of the instrument, for if it be not a deed of conveyance in presentí, the plaintiff can not recover upon it. In order to determine whether it be such a deed, the whole instrument must…
2Cited by9 opinions
- Horton v. MurdenSupreme Court of Georgia · 1903
- Ashbaugh v. AshbaughSupreme Court of Missouri · 1918
- Reed v. HazletonSupreme Court of Kansas · 1887
- Legout v. PriceIllinois Supreme Court · 1925
- King v. CoffeeSupreme Court of Alabama · 1930
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