Thomas v. Scott
Supreme Court of Missouri
Error to DeKalb Circuit Court. — Hon. A. D. Burnes, Judge. (1) In so far as article 4, chapter 59, Eevised Statutes 1899, attempts to confer jurisdiction on the court to try, decree or determine title to real estate, it is void as violating section 28, article 4, Constitution of Missouri, 1875. In re Goode, 3 Mo.
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Error to DeKalb Circuit Court. — Hon. A. D. Burnes, Judge. (1) In so far as article 4, chapter 59, Eevised Statutes 1899, attempts to confer jurisdiction on the court to try, decree or determine title to real estate, it is void as violating section 28, article 4, Constitution of Missouri, 1875. In re Goode, 3 Mo. App. 226; State v. Great Western Coffee and Tea Co., 171 Mo. 634. (2) Plaintiff was not the grantee in the deed which is sought to be established and therefore he has no right to bring this action in his own name for the establishment of a lost deed made to his grantor. Sec. 4565, E.…
1Opinion of the CourtLamm, J.
Thomas held title to real estate under a warranty deed from P. Thomas Hainline. Prom a decree restoring a destroyed deed in his chain of title, defendant brings error. The action is under article four, chapter 59, Revised Statutes 1899- — -chapter 59 being under the caption, “Testimony, Perpetuation of,” and article 4 under the subtitle, “Establishing Land Titles. ’ ’
Early in the history of the case here it was contended that the title to real estate was not involved and that we had no jurisdiction. On a motion to transfer to the Kansas City Court of Appeals, that contention was disallowed In…
2Cases cited3 opinions
- Potter v. AdamsSupreme Court of Missouri · 1894
- Anthony v. BealSupreme Court of Missouri · 1892
- Thomas v. ScottSupreme Court of Missouri · 1908
3Cited by4 opinions
- Nulsen v. National Pigments & Chemical Co.Supreme Court of Missouri · 1940
- Grafton v. McGuireSupreme Court of Missouri · 1952
- Stull v. JohnsonSupreme Court of Missouri · 1955
- Barnes v. National Life & Accident Ins.Missouri Court of Appeals · 1938