Felker v. Breece
Supreme Court of Missouri
Appeal from Maries Circuit Court. — Eon. Wm. II. Martin, Judge. (1) One who relies, to sustain his title to real estate, upon a lost deed, or asserts rights under any lost instrument, must prove the execution, loss and the material parts of such deed or instrument, by clear, cogent and convincing evidence; the same measure of proof is required as in suits for reformation of instruments, and the evidence must be of the clearest and most satisfactory character.
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Appeal from Maries Circuit Court. — Eon. Wm. II. Martin, Judge. (1) One who relies, to sustain his title to real estate, upon a lost deed, or asserts rights under any lost instrument, must prove the execution, loss and the material parts of such deed or instrument, by clear, cogent and convincing evidence; the same measure of proof is required as in suits for reformation of instruments, and the evidence must be of the clearest and most satisfactory character. Peters v. Worth, 164 ÍMo. 431; Napton v. Leaton, 71 Mo. 358; Dagley v. Black, 197 111. 53; Yan Horn v. Munnell, 145 Pa. St. 497;…
1Opinion of the CourtBurgess, J.
This is a suit under section 650, Revised Statutes 1899, to ascertain and determine the title to certain land described in the petition as the southwest quarter of section seven, and the northwest quarter of section eighteen, township forty, of range ten, in Maries county, Missouri, and containing three hundred and twenty acres.
Both parties to the suit claim under Richard Owens as the common source of title. Plaintiff bases his claim of title to the land in controversy on a quitclaim deed, dated December 1, 1905, from Margaret C. Mulhall, only heir of James M. Crawford, quitclaiming said land…
2Cases cited12 opinions
- Draper v. ShootSupreme Court of Missouri · 1857
- State v. LinneySupreme Court of Missouri · 1873
- State v. BuchlerSupreme Court of Missouri · 1890
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
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3Cited by6 opinions
- Myers v. KarchmerSupreme Court of Missouri · 1958
- Johnson v. McAboySupreme Court of Missouri · 1943
- Gaskill v. CookSupreme Court of Missouri · 1958
- Maynor v. Tyler Land & Timber Co.Supreme Court of Missouri · 1911
- Oberkramer v. BrownMissouri Court of Appeals · 1982
1 more not listed; retrieve them via the Exa API.