Bishop v. Schneider
Supreme Court of Missouri
Error to Second District Court. I. The land lying in Jefferson c'ountjq and the mortgage seeming to have been acknowledged before a justice of the peace of Franklin county, the same was not acknowledged according to law, was therefore not entitled to be recorded, and hence could not be read as a recorded deed against Schneider. (Meyer v. Wiltberger, 2 Ga. 20 ; Schulz v. Moore, 1 McLean, 520 ; Heister v. Fortner, 2 Binn. 40 ; Smith v. Mounts, 1 Mo. 714.) II.
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Error to Second District Court. I. The land lying in Jefferson c'ountjq and the mortgage seeming to have been acknowledged before a justice of the peace of Franklin county, the same was not acknowledged according to law, was therefore not entitled to be recorded, and hence could not be read as a recorded deed against Schneider. (Meyer v. Wiltberger, 2 Ga. 20 ; Schulz v. Moore, 1 McLean, 520 ; Heister v. Fortner, 2 Binn. 40 ; Smith v. Mounts, 1 Mo. 714.) II. Even if the mortgage had been duly and properly acknowledged as proven, it could still not be read in evidence as a recorded deed, as it…
1Opinion of the CourtWasher, Judge
In this case the record shows that one Reynolds, on the 2d day of January, 1860, executed to Robert E. Warren his promissory note for $852.90, and that, subsequently, to secure, the payment of tbe same, he made and delivered to Warren a mortgage on certain real estate lying in Jefferson county. Tbe mortgage was duly filed for record in tbe recorder’s office of Jefferson county, and recorded, but no index thereof was made. On the 1st of May, 1869, Warren assigned the note and mortgage to Bishop, the plaintiff in this suit.
*475Reynolds, by deed dated March 17, 1864, and properly recorded, conveyed…
2Cases cited12 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Beekman v. FrostNew York Supreme Court · 1820
- Jewett v. PalmerNew York Court of Chancery · 1823
- Halsa v. HalsaSupreme Court of Missouri · 1843
- Aubuchon v. BenderSupreme Court of Missouri · 1869
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3Cited by40 opinions
- Taylor v. HarrisonTexas Supreme Court · 1877
- Lake v. Hancock ex rel. PayneSupreme Court of Florida · 1896
- Ritchie v. MetcalfeWashington Supreme Court · 1890
- Robison v. FishbackIndiana Supreme Court · 1911
- Rodgers v. MeredithSupreme Court of Alabama · 1962
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