Totten v. James
Supreme Court of Missouri
Appeal from, Carroll Circuit Court. I. The certified copy of the record of the deed from Whitehead to Snell was not admissible in evidence, because the original of said deed did not appear to have been properly acknowledged under our laws or the laws of Kentucky, when made, nor was any proof of its execution offered, nor was any proof offered to show what were the laws of Kentucky at that time in reference to the acknowledgment of deeds.
Read the full summary
Appeal from, Carroll Circuit Court. I. The certified copy of the record of the deed from Whitehead to Snell was not admissible in evidence, because the original of said deed did not appear to have been properly acknowledged under our laws or the laws of Kentucky, when made, nor was any proof of its execution offered, nor was any proof offered to show what were the laws of Kentucky at that time in reference to the acknowledgment of deeds. (Crispen vs. Hannavan, 50 Mo., 415 ; 1 Greenl. Ev., 183, § 142, 6 Ed.) Such certified copy was not admissible under Wagn Stat., 594, 595; the law applicable…
1Opinion of the CourtNapton, Judge
This was an ejectment by plaintiff to recovera tract of land in the Military Bounty Land District. ■
The plaintiff’s title was based on a deed from one Whitehead to her ancestor, dated June 3, 1819, and recorded in Howard Co., Mo., Nov. 8, 1819.
The defendant offered an outstanding title in one Gibson, depending on a deed made by plaintiff’s ancestor, dated Jan’y 17, 1820, and recorded March 6,1872. The only questions in the case are presented by the admission of the certified copy of the first deed, and the rejection of the certified copy of the second. The deed from Whitehead to Snell,…
2Cases cited2 opinions
- McDonald v. SchneiderSupreme Court of Missouri · 1858
- Barton v. MurrainSupreme Court of Missouri · 1858
3Cited by4 opinions
- Allen v. McKay & Co.California Supreme Court · 1898
- State Ex Rel. Gaines v. CanadaSupreme Court of Missouri · 1939
- Plaster v. RigneyCourt of Appeals for the Eighth Circuit · 1899
- Tully v. CanfieldSupreme Court of Missouri · 1875