Boyce v. Sikes
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Hon. J. D. Postee, Judge. The failure to insert the name of a grantee was merely a clerical omission, which did not render the deed void.
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Appeal from New Madrid Circuit Court. — Hon. J. D. Postee, Judge. The failure to insert the name of a grantee was merely a clerical omission, which did not render the deed void. The conveyance was in trust for the use and benefit of Mary E. and Ella Biship, and was intended to be made to their father, Pleasant Biship, who was selected by Wright himself as trustee and who signed the deed, accepted and placed it of record and for years afterwards, in pursuance of the provisions, managed the trust property for his daughters. The trust so created did not fail by the omission to name the trustee.…
1Opinion of the CourtBarclay, J.
This is an action of ejectment. Both parties claim from a common source of title. The decision of the case will turn on the effect to be given to a certain deed under which defendant claims. If it is valid and effective to convey the legal title to the party of the second part therein, then defendant’s title must *363prevail. If it is not valid and effective for that purpose, then other questions would arise for consideration which need not be discussed in view of the conclusion reached in regard to the deed mentioned.
The material portions of the instrument are as follows, viz.: “This deed, made…
2Cases cited4 opinions
- Burnett v. McClueySupreme Court of Missouri · 1883
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Deal v. CooperSupreme Court of Missouri · 1887
- Gaines v. AllenSupreme Court of Missouri · 1875
3Cited by1 opinion
- Arnett v. WilliamsSupreme Court of Missouri · 1910