Hubbard v. Gilpin
Supreme Court of Missouri
Appeal from Carroll Circuit Court. I. The court committed error in admitting in evidence the copy of the deed from Burr ill to Hobly. This deed was made in 1819 and recorded the same year, but was not acknowledged in accordance with the laws of this State. In order to make sncli a copy admissible, it was necessary that plaintiff prove the loss or destruction of tbe original, together with law of place where made. (Barton vs. Murrain, 27Mo., 235.) II.
Read the full summary
Appeal from Carroll Circuit Court. I. The court committed error in admitting in evidence the copy of the deed from Burr ill to Hobly. This deed was made in 1819 and recorded the same year, but was not acknowledged in accordance with the laws of this State. In order to make sncli a copy admissible, it was necessary that plaintiff prove the loss or destruction of tbe original, together with law of place where made. (Barton vs. Murrain, 27Mo., 235.) II. The copy was not admissible, though the record is over thirty years old. (Crispen vs. Hannavan, 50 Mo., 415.) III. The conrt improperly admitted…
1Opinion of the CourtNaptoN, Judge
This was a suit in ejectment, commenced in 1868, to recover possession of a tract of land in Carroll county.
The title of the plaintiff was deduced from a patent from the United States to one Bnrrill, dated Beb. 5, 1819; a deed from Bnrrill to one Hobly, dated Beb. 27, 1819; a conveyance by will from Hobly to his daughter, Sarah W. Hobly; the marriage of Sarah W. to one Gilmore ; the death of Gilmore in 1856, and a deed from Mrs. Gilmore to plaintiff in 1858.
The defendant relied for his defense, on a deed from the collector of Carroll county to him for the laud in dispute, dated Beb. 29, 1868.
O…
2Cases cited2 opinions
- Large v. FisherSupreme Court of Missouri · 1872
- Barton v. MurrainSupreme Court of Missouri · 1858
3Cited by6 opinions
- Gaines v. FenderSupreme Court of Missouri · 1884
- St. Louis v. WennekerSupreme Court of Missouri · 1898
- State Ex Rel. Gaines v. CanadaSupreme Court of Missouri · 1939
- State ex rel. Hepburn v. MuellerMissouri Court of Appeals · 1881
- State v. GibsonMissouri Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.