Holladay-Klotz Land & Lumber Co v. T. J. Moss Tie Co.
Missouri Court of Appeals
Appeal from Wayne Circuit Court. — Hon. F. R. Dearing, Judge. STATEMENT BY THE COURT. Action in the nature of trover for the conversion of a large number of railroad ties charged to have been cut from the timber on certain tracts of land owned by the respondent, jury trial, verdict for $500, and appeal. The contest was over the title to the land on which the timber stood. Both parties claimed to own it.
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Appeal from Wayne Circuit Court. — Hon. F. R. Dearing, Judge. STATEMENT BY THE COURT. Action in the nature of trover for the conversion of a large number of railroad ties charged to have been cut from the timber on certain tracts of land owned by the respondent, jury trial, verdict for $500, and appeal. The contest was over the title to the land on which the timber stood. Both parties claimed to own it. The record is too incomplete to determine from it where the entire estate was vested, but full enough to enable us to pass on the errors assigned. The appellant claims to have acquired the…
1Opinion of the CourtGoode, J.
No error was committed in admitting the deed of John Johnson, sheriff of Wayne county, purporting to convey the interests of Louis Rosenbaum and Joseph Walter to H. N. Holladay. Unless there are alterations of a suspicious character on the face of a document, it is competent as evidence on proof of its execution without explanation by the party offering it. It is only where apparent changes by erasures, interlineations or other modes excite distrust that the party is called on to show they are innocent. Stillwell v. Patton, 108 Mo. 352; Paramore v. Lindsey, 63 Mo. 63. Otherwise, the…
2Cases cited26 opinions
- Vance v. CorriganSupreme Court of Missouri · 1883
- Harness v. CravensSupreme Court of Missouri · 1894
- Spencer v. VanceSupreme Court of Missouri · 1874
- Gordon v. BurrisSupreme Court of Missouri · 1899
- Paramore v. LindseySupreme Court of Missouri · 1876
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3Cited by4 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- Sligo Furnace Co. v. Hobart-Lee Tie Co.Missouri Court of Appeals · 1911
- Stringer v. Geiser Manufacturing Co.Missouri Court of Appeals · 1914
- Einstein v. Holliday-Klotz Land & Lumber Co.Missouri Court of Appeals · 1906