Legal Opinion

Robert v. Casey

Supreme Court of Missouri

Decided October 15, 1857PublishedCited by 6 opinions

Appeal from St. Louis Land Court. The facts sufficiently appear in the opinion of the court. I. The records of the county court, and the approval by said court of the proceedings of the guardian under the order, are the only competent evidence to show that the order of court has been complied with, and parol testimony can not resorted to until it is shown that record testimony has been lost.

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Appeal from St. Louis Land Court. The facts sufficiently appear in the opinion of the court. I. The records of the county court, and the approval by said court of the proceedings of the guardian under the order, are the only competent evidence to show that the order of court has been complied with, and parol testimony can not resorted to until it is shown that record testimony has been lost. In courts of limited jurisdiction proceeding-contrary to the course of the common law, the records are the proper evidence to show that the requisites of the law have been complied with. (Vallé v.…

1Opinion of the CourtNapton, Judge

The title of the defendant in this case was derived from a sale by a guardian made in pursuance of an order of the county court of St. Louis county. The law under which the court acted is the seventh section of the act concerning minors, orphans and guardians in the revised code of 1825. (B. C. 1825, p. 417.) That section is as follows: “ Sec. 7. Be it further enacted, that it shall be lawful for any guardian of any minor, who is committed to his or her care for tuition, and who has lands or tenements, for the purpose of education, to apply to the court of probate of the proper county for…

2Cases cited2 opinions

  1. Lockwood v. SturdevantSupreme Court of Connecticut · 1827
  2. Griswold v. BigelowSupreme Court of Connecticut · 1826

3Cited by6 opinions

  1. McVey v. McVeySupreme Court of Missouri · 1873
  2. Strouse v. DrennanSupreme Court of Missouri · 1867
  3. Castleman v. RelfeSupreme Court of Missouri · 1872
  4. Douglass v. CissnaMissouri Court of Appeals · 1885
  5. State ex rel. Perry v. TowlSupreme Court of Missouri · 1871

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