Ranney v. Brooks
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. This was an áction upon the following sealed note : “Jackson, Mo., May 24th, 1852. “Twelvemonths afterdate, we or either of us promise to pay to John P. Edinger, sheriff of Cape Girardeau county, Missouri, the sum of two hundred and seventy dollars, for value received, in the purchase of a tract of land sold to make partition thereof amongst the heirs of Joseph Whitney, deceased. Witness, our hands and seals.
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Appeal from Cape Girardeau Circuit Court. This was an áction upon the following sealed note : “Jackson, Mo., May 24th, 1852. “Twelvemonths afterdate, we or either of us promise to pay to John P. Edinger, sheriff of Cape Girardeau county, Missouri, the sum of two hundred and seventy dollars, for value received, in the purchase of a tract of land sold to make partition thereof amongst the heirs of Joseph Whitney, deceased. Witness, our hands and seals. “Ansel Ehvin, (seal.) “ John Brooks,” (seal.) The note was by Edinger, on the 14th of January, 1858, before the expiration of his term of…
1Opinion of the CourtRylaND, Judge
1. The bond on which this action is prosecuted, shows on its face that it was executed to John P. Edinger, and by him received in his character as sheriff of Cape Girardeau county, The promise is to pay to “ John P. Edinger, sheriff of Cape Girardeau county, Missouri, the sum of $270, for value received, in the purchase of a tract of land sold to make partition thereof, amongst the heirs of Joseph Whitney, deceased.” This phraseology will necessarily show that the bond is not the individual property of Edinger. It is not given to John P. Edinger, “sheriff,” stopping at that description; but…
2Cited by3 opinions
- Clark v. First National BankMissouri Court of Appeals · 1894
- Eyerman v. Second National BankMissouri Court of Appeals · 1883
- Renshaw v. WillsSupreme Court of Missouri · 1866