Legal Opinion

Macklin v. Allenberg

Supreme Court of Missouri

Decided October 15, 1889PublishedCited by 34 opinions

Appeal from St. Louis City Circuit Court.—Hon. ' Shepard Barclay, Judge. (1) The record shows that the suit of Kinealy against the Macklins and the trustee Haydell was commenced on twenty-third of February, 1874, and notice of same filed and recorded in the record of deeds for St. Louis, on the same day. Any subsequent conveyance by Mrs. Mackiin and her trustee was with- notice to the grantee, and subject to the result of that suit.

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Appeal from St. Louis City Circuit Court.—Hon. ' Shepard Barclay, Judge. (1) The record shows that the suit of Kinealy against the Macklins and the trustee Haydell was commenced on twenty-third of February, 1874, and notice of same filed and recorded in the record of deeds for St. Louis, on the same day. Any subsequent conveyance by Mrs. Mackiin and her trustee was with- notice to the grantee, and subject to the result of that suit. (2) The decree of the court transferred the title from Haydell and Mrs. Mackiin, the defendant, to Michael Kinealy, plaintiff. Statutes of 1879, section 3692,…

1Opinion of the CourtBlack, J.

This is an action of ejectment for a lot in the city of St. Louis. The judgment of the circuit court was for the plaintiff, and defendants appealed.

Patrick Macklin is, for all ike purposes of this appeal, conceded to be the common source of title. On the fourteenth of May, 1873, he conveyed the lot to F. L. Haydell in trust for the use and benefit of Ann Macklin, the wife of said Patrick Macklin. The plaintiff put in evidence other deeds showing a perfect and complete title in her, but they are all dated subsequent to the decree hereafter mentioned.

Michael Kinealy purchased the lot in…

2Cases cited8 opinions

  1. Vogler v. MontgomerySupreme Court of Missouri · 1874
  2. Marks v. CowlesSupreme Court of Alabama · 1878
  3. Allen, Ball & Co. v. Mayor of SavannahSupreme Court of Georgia · 1851
  4. Debell v. Foxworthy's heirsCourt of Appeals of Kentucky · 1848
  5. Eldridge v. WalkerIllinois Supreme Court · 1875

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3Cited by34 opinions

  1. Pettis v. JohnstonSupreme Court of Oklahoma · 1920
  2. Spotts v. SpottsSupreme Court of Missouri · 1932
  3. Springfield Fire & Marine Ins. v. Gish, Brook & Co.Supreme Court of Oklahoma · 1909
  4. Ransom v. City of PierreCourt of Appeals for the Eighth Circuit · 1900
  5. Di Nola v. AllisonCalifornia Supreme Court · 1904

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