McAnaw v. Tiffin
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon, William S. Herndon, Judge. (1) A release deed in the ordinary form may convey title. Wilson v. Albert, 89 Mo. 537. (2) A release or quitclaim deed does not operate upon the land itself nor upon the title directly. Bogy v. Shoab, 13 Mo. 380. (3) A mere naked release deed to one not in possession or having a vested interest would be void.
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Appeal from Clinton Circuit Court. — Hon, William S. Herndon, Judge. (1) A release deed in the ordinary form may convey title. Wilson v. Albert, 89 Mo. 537. (2) A release or quitclaim deed does not operate upon the land itself nor upon the title directly. Bogy v. Shoab, 13 Mo. 380. (3) A mere naked release deed to one not in possession or having a vested interest would be void. Bran-ham v. Mayor, 24 Call, 606; Bennett v. Irwin, 3 Johns. 366; Kerr v. Freeman, 33 Miss. 292. (4) At most it can only convey such interest as the maker can lawfully convey. Bogy v. Shoab, 13 Mo. 380; Gibson v.…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of lots ten and twelve, block fifty-seven, in the city of Cameron, Clinton county. The action was begun on the twenty-fifth day of September, 1895, against E. E. Dickover and Clayton Tiffin, tiie petition being in the ordinary form.
The defendant Clayton Tiffin filed his separate answer, alleging that on the twenty-eighth day of January, 1892, he contracted in writing with Peter E. Clark, now deceased, for the sale of said lots to him and in pursuance to such contract put said Clark in possession of said lots on said date; that on the…
2Cases cited13 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Jackson v. SmithIndiana Supreme Court · 1889
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Gribben v. MaxwellSupreme Court of Kansas · 1885
- Fay v. BurdittIndiana Supreme Court · 1881
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3Cited by6 opinions
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- Starr v. BartzSupreme Court of Missouri · 1909
- Ruthrauff v. Silver King Western Min. & Mill. Co.Utah Supreme Court · 1938
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1906
- McAnaw v. ClarkSupreme Court of Missouri · 1902
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